High Court of Meghalaya
Date Of Order : 27.08.2024 vs State Of Meghalaya Represented By on 27 August, 2024
Author: H.S.Thangkhiew
Bench: H.S.Thangkhiew
2024:MLHC:769
Serial No.28
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 328 of 2023
Date of Order : 27.08.2024
Shri. Suk Bahadur Gurung
...Petitioner
-Versus-
1. State of Meghalaya represented by
its Secretary Ministry of Home
(Civil Defence) Department,
Govt. of Meghalaya, Shillong.
2. The Under Secretary to the
Govt. of Meghalaya, Home (Civil Defence)
Department, Shillong.
3. Director of Civil Defence &
Commandant General of Home Guards,
Meghalaya, Shillong.
4. Joint Director of Civil Defence &
Joint Commandant General of Home Guards,
Meghalaya, Shillong.
5. Commander, Border Wing Home Guards
Bn. Meghalaya, Shillong.
6. District Commandant, Home Guards,
East Khasi Hills, Shillong.
7. Office of the Pr. Accountant General (Audit),
Shillong.
...Respondents
Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Chief Justice (Acting)
1
2024:MLHC:769
Appearance:
For the Petitioner/Applicant(s) : Mr. R.Gurung, Adv.
For the Respondent(s) : Ms. I.Lyngwa, GA for R 1-6.
Ms. E.B.Passah, Adv. for R 7.
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 writ petitioner who was serving in the office of the Commander,
Border Wing, Home Guards Battalion, Meghalaya, is before this Court
with a prayer for release of the arrear increments with effect from the year
1985 till the date of retirement on 2009, which he claims has not been paid
to him.
2. At the outset, Mr. R.Gurung, learned counsel for the petitioner has
drawn the attention of this Court to the affidavit filed by the respondents
No. 1-6 wherein at para 10, the respondents have stated that the arrear
increments amounting to ₹98,065/- with effect from 01-01-1996 to 28-02-
2009, has already been credited in the petitioner's account in 2018 itself,
but only with regard to the arrear increments from 22-11-1985 to 31-12-
1995 remains to be resolved as the pay statement of the petitioner for that
period could not be traced. He further submits that the issue being an
intradepartmental issue, the petitioner should not be made to suffer on this
2024:MLHC:769
accord. He prays that appropriate direction be passed to direct the
respondents to compute the said amount and to release the arrears as due.
3. Ms. I.Lyngwa, learned GA appearing for the respondents No. 1-6
has submitted that as placed in the affidavit in para 11, the arrear pay
statement of the petitioner with effect from 22-11-1985 to 31-12-1995 has
been prepared and the Directorate of Civil Defence and Home Guards,
Shillong has requested the Government to permit the release of the said
dues and that the same is awaiting approval.
4. In consideration of the submissions made on affidavit, nothing
material remains for consideration as the respondents on their own
admission has submitted that the pay statement has since been prepared
and is only awaiting approval for release.
5. Accordingly, upon the given facts of the case, the respondent No. 3
is to give due consideration and process the matter preferably within a
period of four months from the date a copy of this order is placed before
them.
6. Matter accordingly stands closed and disposed of.
Chief Justice (Acting)
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