Shri. Levingstone T. Sangma vs The State Of Meghalaya Represented By ...
2024 Latest Caselaw 251 Meg

High Court of Meghalaya

Shri. Levingstone T. Sangma vs The State Of Meghalaya Represented By ... on 6 May, 2024

Author: H.S.Thangkhiew

Bench: H.S.Thangkhiew

 Serial No.07
 Regular List

                           HIGH COURT OF MEGHALAYA
                               AT SHILLONG
WP(C). No. 424 of 2023
                                              Date of Decision :06.05.2024

Shri. Levingstone T. Sangma,
S/o (L) Sotish W. Momin,
R/o Balsrigittim Williamnagar
East Garo Hills District, Meghalaya.

                                                              ...Petitioner
                -Versus-

1.    The State of Meghalaya represented by the
      Commissioner and Secretary to the
      Government of Meghalaya,
      Social Welfare, Government of Meghalaya,
      Shillong.

2.    The Director of Social Welfare,
      Meghalaya, Shillong.

3.    The Joint Director of Social Welfare,
      Tura, West Garo Hills District,
      Meghalaya.

4.    The District Programme Officer,ICDS Cell,
      Tura, West Garo Hills.

5.    Child Development Project Officer,
      ICDS Project,
      Songsak East Garo Hills Meghalaya.

6.    Accountant General,
      East Khasi Hills,
      Shillong, Meghalaya.
                                                         ...Respondents.



                                       1
 Coram:
             Hon'ble Mr. Justice H.S.Thangkhiew, Judge.

Appearance:
For the Petitioner/Appellant(s) : Mr. P.T.Sangma, Adv.

For the Respondent(s)            : Mr. H.Abraham, GA for R 1-5.
                                   Ms. E.B.Passah, Adv. vice
                                   Mr. K.Kharmawphlang, Adv. for R 6.


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, who is stated to have retired as a Lower Division

Assistant from the office of the Child Development Project Officer under

the Directorate of Social Welfare, is before this Court for directions for

release of his pension and other retirement benefits.

2. It is submitted by Mr. P.T.Sangma, learned counsel appearing for

the petitioner that the petitioner had retired since 30th March, 2021, but

however till date, the pension papers have not been processed or cleared.

He therefore, prays that appropriate orders be passed in this regard.

3. Mr. H.Abraham, learned GA appearing for the respondent Nos. 1-5

has submitted that the entitlements of the petitioner is not in question, but

the delay that had been caused is due to the fact that the Last Pay

Certificate was received only on 29-02-2024. He submits that as the papers

are now in order, the process should be completed within three to four

months.

4. Ms. E.B.Passah, learned counsel vice Mr. K.Kharmawphlang,

learned counsel appearing for the respondent No. 6 has submitted that

there are some claims against the writ petitioner from his pensionary

benefits in the form of maintenance case which has been filed by his first

wife. She further submits that the same be taken into consideration while

directing for the release of pension to the writ petitioner.

5. Heard learned counsel for the parties.

6. As submitted by Mr. H.Abraham, learned GA, as there is no

impediment that exists any longer for release of the pension, it is directed

that the respondents shall process the entitlements of the writ petitioner

within a period of four months from today. It is also understood that

whatever claims that are there from his pension from other sources, such as

maintenance case, the same shall be dealt with in accordance with law.

7. With the above direction, writ petition stands closed and disposed

of.

Judge

Meghalaya 06.05.2024 "Samantha PS"