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2014 DIGILAW 284 (MEG)

Phlin Surong v. State of Meghalaya

2014-12-03

T.NANDAKUMAR SINGH

body2014
Judgment T. Nandakumar Singh, J. 1. Heard Ms. A. Sinha, learned counsel for the petitioner and also Mr. K.P. Bhattacharjee, learned GA appearing for the State respondents. 2. It is stated that the petitioner is the youngest sister of (L) Rolin Surong, who was working in the Office of Block Development Officer, Amlarem Community and Rural Development Block at Amlarem (Respondent No. 2) as a driver in a permanent post. (L) Rolin Surong died on 04.02.1997 at K.J.P. Synod Hospital, Shillong while he was in service. After a few months of the death of (L) Rolin Surong, his wife Smti Ribhalang Surong Paswet re-married with one Shri. Philip Pala of Umnuiang Village in the month of October, 1997. It is a clear case of the petitioner that respondent No. 4 being remarried is not entitled to the pensionary benefits of (L) Rolin Surong. The petitioner also had obtained Succession Certificate dated 30.08.2004 for the amount of (i) Rs. 42,480/- (Rupees forty-two thousand four hundred and eighty), i.e. the Death Cum Retirement, (ii) Rs. 2965/- (Rupees two thousand nine hundred sixty-five), arrear pay. The only prayer in the writ petition is for a direction to the respondents to release the said amount to the petitioner who had already obtained the Succession Certificate for the debt of (L) Shri. Rolin Surong. 3. Ms. A. Sinha, learned counsel for the petitioner submits at the Bar that the amount Rs. 42,480/- (Rupees forty-two thousand four hundred and eighty) i.e. the Death Cum Retirement of (L) Shri. Rolin Surong had already been released to the petitioner, the only amount to be released is only Rs. 2965/- (Rupees two thousand nine hundred sixty-five) mentioned in the said Succession Certificate. 4. In the above factual backdrop, this writ petition is disposed of by directing the respondent No. 2 to release the said remaining amount of Rs. 2965/- (Rupees two thousand nine hundred sixty-five) within a period of 2 (two) weeks from the date of receipt of a certified copy of this judgment and order. 5. With above directions, this writ petition is allowed.