Mehilla K. Sangma v. Meghalaya Transport Corporation
2018-11-15
S.R.SEN
body2018
DigiLaw.ai
JUDGMENT : 1. Heard Mr. N.Syngkon, learned counsel for the petitioners. Also heard Mr. K.Khan, learned counsel for the respondent No. 1 and Ms. P.Bhattacharjee, learned counsel for the respondents No. 2 & 3. 2. All the eleven writ petitions i.e WP(C). No. 220 of 2018, WP(C). No. 181 of 2018, WP(C). No. 182 of 2018, WP(C). No. 183 of 2018, WP(C). No. 206 of 2018, WP(C). No. 219 of 2018, WP(C). No. 239 of 2018,WP(C). No. 240 of 2018, WP(C). No. 241 of 2018, WP(C). No. 242 of 2018 and WP(C). No. 243 of 2018 are taken up together since the issues involved are similarly situated and will be disposed of by this common judgment and order. 3. The brief facts of the petitioner’s case in WP(C). No. 220 of 2018 is that: “That the petitioner is the citizen of India and is the wife of (L) Manickson Ch. Marak. That the husband of the petitioner namely (L) Manickson Ch. Marak, was an ex-employee of the Meghalaya Transport Corporation (MTC) and has expired on 17-07-2016, while on service and therefore, the petitioner is entitled to all the debts and securities left behind by her late husband and further she is also entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That from the date of expiry of the husband of the petitioner, till the date of filling of this petition, inspite of several requests made by the petitioner, the Meghalaya Transport Corporation, have not yet released any money which she is entitled being the wife of (L) Manickson Ch. Marak. That the Meghalaya Transport Corporation (MTC), vide letter dated 10th October, 2017, has forwarded the application for final withdrawal of EPF/Pension and other Pensioneries benefit relating to the death of (L) Manickson Ch. Marak to the Asstt. Provident Fund Commissioner, Sub-Regional Office EPF Organisation, Police Point Main Road, Laitumkhrah, Shillong-3 and subsequently, the petitioner has received the EPF amount which was credited to her account. But the Petitioner is yet to receive the Gratuity, Leave Encashment, pension etc from the Meghalaya Transport Corporation.
Marak to the Asstt. Provident Fund Commissioner, Sub-Regional Office EPF Organisation, Police Point Main Road, Laitumkhrah, Shillong-3 and subsequently, the petitioner has received the EPF amount which was credited to her account. But the Petitioner is yet to receive the Gratuity, Leave Encashment, pension etc from the Meghalaya Transport Corporation. That the petitioner states that her husband was the only bread earner of the family, but after the expiry of the husband of the petitioner and due to non release of pension and other debts and securities by the respondent, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain her family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release to the petitioner the Pension, Gratuity, Leave encashment etc, left behind by (L) Manickson Ch. Marak, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further order or orders as your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 181 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a driver, Meghalaya Transport Corporation, S.G.Route, Shillong and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31st December, 2017. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits.
That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 182 of 2018 is that: “That the petitioner is the citizen of India was an ex- employee of the Meghalaya Transport Corporation (MTC) who was working as a driver, Meghalaya Transport Corporation, Tura and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31st January, 2018. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits.
That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 183 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a driver, School Bus Cell, S.G.Route, Shillong and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31st December, 2017. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits.
That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 206 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as U.D.Asstt, MTC, Central Workshop, Shillong, and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31st August, 2016. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family.
It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 219 of 2018 is that: “That the petitioner is the citizen of India and is the wife of (L) Barendra K. Sangma. That the husband of the petitioner namely (L) Barendra K. Sangma, was an ex-employee of the Meghalaya Transport Corporation (MTC) and has expired on 13-08-2017, while on service and therefore, the petitioner is entitled to all the debts and securities left behind by her late husband and further she is also entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That from the date of expiry of the husband of the petitioner, till the date of filling of this petition, inspite of several requests made by the petitioner, the Meghalaya Transport Corporation, have not yet released any money which she is entitled being the wife of (L) Barendra K. Sangma. That the Meghalaya Transport Corporation (MTC), vide letter dated 23rd May, 2018, has forwarded the application for final withdrawal of EPF/Pension and other Pensioneries benefit relating to the death of (L) Barendra K. Sangma to the Asstt. Provident Fund Commissioner, Sub-Regional Office EPF Organisation, Police Point Main Road, Laitumkhrah, Shillong-3, but till date have not yet received any money as EPF/Pension, Gratuity, Leave Encashment etc. That the petitioner states that her husband was the only bread earner of the family, but after the expiry of the husband of the petitioner and due to non release of pension and other debts and securities by the respondent, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain her family.
It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release to the petitioner the EPF/Pension, Gratuity, Leave Encashment etc left behind by her husband namely (L) Barendra K. Sangma, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 239 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a Conductor, MTC, S.G.Routes and hence is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 30th September, 2014. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondents to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C).
No. 240 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a Driver, MTC, S.G.Routes, Shillong and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31.03.2014. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits except an amount of Rs. 4,67,567/- as a provident fund amount, which is also not a full amount as per the petitioner. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension, leave encashment, Gratuity and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 241 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a H.A., MTC., F.D.M, Shillong and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31.08.2016.
That the petitioner states that he had attained the age of superannuation and was released from service with effect from 31.08.2016. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any oney which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 242 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a Section Officer, Meghalaya Transport Corporation, Head Office, Shillong and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation on 11th January, 2015 and was released from service with effect from 31st January, 2015. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits.
That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family. It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondent to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” The brief facts of the petitioner’s case in WP(C). No. 243 of 2018 is that: “That the petitioner is the citizen of India was an ex-employee of the Meghalaya Transport Corporation (MTC) who was working as a Driver, MTC, S.G.Route, Shillong and hence he is entitled to all the rights and privileges as guaranteed under the Constitution of India and the laws, Rules and Regulations made there under. That the petitioner states that he had attained the age of superannuation on 15.10.2015 and was released from service with effect from 31.10.2015. That from the date of retirement, till the date of filling of this petition, inspite of several request made by the petitioner, the Meghalaya Transport Corporation and also the respondent No. 2 and 3, have not yet released any money which, he is entitled for as the retirement benefits. That the petitioner states that he is the only bread earner of the family, and has given his entire life in the service of the Meghalaya Transport Corporation, but now, on retirement due to non release of pension and other retirement benefits, the petitioner’s life has been put with lots of hardship and financial constraint, which further lead to immense difficulties for the petitioner to maintain his family.
It is therefore, prayed that your Lordship would be pleased to issue rule calling upon the respondents to show cause as to why direction should not be given to release the pension and other retirement benefits of the petitioner, within a period of one month or within any reasonable time period which your Lordship may deem fit and proper OR to pass any further Order or Orders as Your Lordship may deem fit and proper.” 4. Heard Mr. N.Syngkon, learned counsel for the petitioners who submits that the petitioners were serving under the Meghalaya Transport Corporation, Shillong in different capacities and retired from Meghalaya Transport Corporation, Shillong, but till date they did not get the EPF, Gratuity, Leave Encashment, Pension etc. and prayed for necessary direction. Hence, these writ petitions. 5. Heard also Mr. K.Khan, learned counsel for the respondent No. 1 who submits that on principle, they are not denying the claim of the petitioners as they are entitled to it but due to financial crisis the benefits like PPF/EPF, Gratuity, Leave Encashment etc could not be given on time, and in case of some petitioners there are certain formalities to be completed like filling up claim forms. 6. On the other hand, Ms. P.Bhattacharjee, learned counsel for the respondents No. 2 & 3 submits that once they get the money they will disburse the claims made in the petitions. 7. After hearing the submissions made by the learned counsels for the parties and on perusal of the record, I am of the considered view that PPF/EPF, Gratuity, Leave Encashment and other retirement benefits is the right of a person and there is no law to debarred a person from such right till date. Therefore, the respondents are directed to clear all the benefits as mentioned above within 3(three) months from the date of this Judgment and Order and those petitioners who have not filled up their claim forms are directed to go to the concerned office and fill up the claim forms within a week. The respondents-authority is further directed to cooperate with the petitioners while filling up their claim forms and other documents. 8. With these observations and directions, WP(C). No. 220 of 2018, WP(C). No. 181 of 2018, WP(C). No. 182 of 2018, WP(C). No. 183 of 2018, WP(C). No. 206 of 2018, WP(C). No. 219 of 2018, WP(C). No. 239 of 2018, WP(C).
8. With these observations and directions, WP(C). No. 220 of 2018, WP(C). No. 181 of 2018, WP(C). No. 182 of 2018, WP(C). No. 183 of 2018, WP(C). No. 206 of 2018, WP(C). No. 219 of 2018, WP(C). No. 239 of 2018, WP(C). No. 240 of 2018, WP(C). No. 241 of 2018, WP(C). No. 242 of 2018 and WP(C). No. 243 of 2018 are allowed and stands disposed of.