Citation : 2022 Latest Caselaw 621 Meg
Judgement Date : 25 October, 2022
Serial No. 12
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 142 of 2022
Date of Decision: 25.10.2022
Smti Mina Devi Shah Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. S. Pandit, Adv.
For the Respondent(s) : Ms. S. Bhattacharjee, GA (For R 1-4)
Mr. K. Kharmawphlang, Adv. (For R 5)
i) Whether approved for reporting in Yes/No Law journals etc:
ii) Whether approved for publication Yes/No in press:
JUDGMENT AND ORDER (ORAL)
1. The petitioner before this Court is the wife of the deceased
employee namely; (L) Shri Shiv Nath Shah, who was serving as Mali
in the Government Girls' Higher Secondary School, Shillong, who
was appointed on 28.07.1995, and died in harness on 08.09.2013.
2. The case of the petitioner is that her (L) husband during
his service was granted annual increments and other financial benefits
as well, but that after his death and in spite of being retained in the
post, no pensionary benefits and other entitlements were forthcoming,
for which the petitioner had filed a representation dated 13.07.2021,
which remain unanswered.
3. Ms. S. Bhattacharjee, learned GA for the respondents No.
1 to 4, submits that is a fact that the petitioner's husband had been
serving for 18 years, and that the case of the petitioner was put up for
consideration vide communication dated 26.07.2022, which is
annexed at Annexure-C to the affidavit-in-opposition of the State
respondents, wherein it is indicated that the Service Book and other
related documents have been put up, and the same is under process.
4. Mr. K. Kharmawphlang, learned counsel for the
respondent No. 5 submits that till date, no pension papers of the
deceased employee has been received.
5. In this view of the matter and in view of the fact that the
petitioner had been retained in the post for long 18 years, and that the
case had been put up consideration for regularization, it is directed that
the said process, pursuant to the letter at Annexure-C, shall be
completed within a period of 3(three) months from the date of
submission of a certified copy of this order.
6. With the above noted directions, this writ petition stands
closed and is accordingly disposed of.
JUDGE
Meghalaya 25.10.2022 "V. Lyndem-PS"
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