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2014 DIGILAW 192 (MEG)

Lingstone D. Sangma v. State of Meghalaya

2014-08-18

T.NANDAKUMAR SINGH

body2014
Judgment T. Nandakumar Singh; ACJ. 1. Heard Mr. AS Siddique, learned counsel appearing for the petitioner and Ms NG Shyllai, learned GA, appearing for the State respondents. 2. By this petition, the petitioner is praying for a direction to the respondents to complete preparation of the pension papers of the petitioner and release pension to the petitioner as expeditiously as possible. 3. It is a settled law that right to pension is the right accrued to the employee under the Rules on fulfillment of the conditions. In the present case, both the parties are not disputing that the petitioner had completed the qualifying service for getting the pension. It is further stated that the pension is a property acquired by an employee for the work rendered by him in his heyday and to be used in the evening of the life. 4. The petitioner was initially appointed as Handyman and his service had been confirmed w.e.f. 19.03.1984 vide office order dated 20.06.1986 issued by the Director of Information & Public Relations, Meghalaya. The petitioner also allowed to enjoy the extended pay scale of Rs. 1176/- per month w.e.f. 06.09.1995 vide office order dated 20.12.2011, which reads as follows: "Government of Meghalaya Directorate of Information and Public Relations No. DAE. 16/2010/103 Dated Shillong the 20.06.2011 Office Order Under provision as provided in the office memorandum No. F(PR) 31/89/1 dated 5.4.1989 read with the Office Memorandum No. F(PR)137/81/1(B/S)(A) dated 19.10.89 on his completion of 15 (fifteen) years of service in the same post of Handyman on 06.09.1995, Shri Lingstone D Sangma Office of the District Public Relations Officer Baghmara is hereby allowed the benefit of the Extended Scale of pay as detailed below:- Sd/- (Dr. P Shakil Ahammed, IAS) Director of Information & Public Relations, Meghalaya, Shillong." 5. Subsequently, the petitioner was promoted to the post of Cinema Operator in the pay scale of Rs. 3100-70-3520-EB____ 5060/- per month plus other allowances as admissible under the Rules. The petitioner retired on superannuation on 31.01.2012. After the retirement of the petitioner on superannuation, he approached the competent authority for preparation of the pension papers for releasing the pension. The preparation of the pension papers should not be delayed. The respondents filed affidavit-in-opposition, wherein respondents are not denying that the petitioner is entitled to receive pension under the Rules. The petitioner retired on superannuation on 31.01.2012. After the retirement of the petitioner on superannuation, he approached the competent authority for preparation of the pension papers for releasing the pension. The preparation of the pension papers should not be delayed. The respondents filed affidavit-in-opposition, wherein respondents are not denying that the petitioner is entitled to receive pension under the Rules. What is stated in the affidavit-in-opposition that there was a little delay in the preparation of pension papers because of the delay in entering the extended pay scale in the service book of the petitioner. It is also stated in the affidavit that the Director of Information and Public Relations, Meghalaya under letter dated 19.03.1994 directed the Sub-Divisional, Public Relations Officer, Dadenggre to enter the extended pay scale of the petitioner in the Service Book as per the approved IPS 1997 and also to prepare the due and drawn statement. 6. From the affidavit-in-opposition, it appears that the delay in preparation of pension papers was because of the administrative lapses on the side of the respondents and not because of the petitioner. 7. This writ petition is disposed of by directing the respondents to complete the preparation of the pension papers of the petitioner and release the pension and other financial benefits to the petitioner within a period of three months from the date of receipt a certified copy of this judgment and order. It is made clear that if the preparation of the pension papers is not completed within the stipulated period i.e. three months, there shall be an interest of 8:25% per annum on the arrear pension. 8. With the above directions, this writ petition is allowed and accordingly the same is disposed of.