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2022 DIGILAW 84 (MEG)

Anamika Dutta v. State of Meghalaya

2022-04-13

H.S.THANGKHIEW

body2022
JUDGMENT 1. The grievances of the writ petitioner is that she was not given her regular pay slips, as they were issues as to whether the Old Pension Scheme should be applicable to her, coupled with the non-creation of her GPF/Pension Account. 2. The matter proceeded thereafter and has culminated in the respondents conceding to counting the past services rendered by the petitioner for the calculation of entitlement under the Meghalaya Civil Services (Pension) Rules, 1983. However, it was indicated that this should include the surrender of the CPF Contribution along with interest made earlier. This has been detailed in the letter dated 22nd November, 2021 which has been produced by the petitioner by way of an additional affidavit dated 23.02.2022. The letter is reproduced herein below: GOVERNMENT OF MEGHALAYA FINANCE (PENSION CELL) DEPARTMENT NO. FEM(PC)80/2021/22 Dated Shillong the 22nd November, 2021. From : Smti. A.B. Thabah Deputy Secretary to the Govt. of Meghalaya, Finance (Pension Cell) Department. To. The Secretary to the Governor of Meghalaya. Subject: Representation for pension benefit as per the old pension scheme of Smti. Anamika Dutta, Comptroller of Household, Raj Bhavan, Shillong. Ref: GEPF-11/2011/880 Dated 29.7.2021 Sir, I am directed to refer to the subject and letter cited above and to say that Finance(PC) Department agrees to count the past service rendered by Smti. Anamika Dutta, Comptroller of Household, Raj Bhavan, Shillong for pensionary benefits under Meghalaya Civil Services (Pension) Rules, 1983 in view of the applicable provisions under OM No. FEM(PC)38/87/50 Dated 25.1.1990 and subject to observance of the conditions thereon, including surrender of CPF Contribution alongwith interest thereof. This has the approval of the Competent Authority. Yours faithfully, Deputy Secretary to the Govt. of Meghalaya, Finance(Pension Cell) Department. Memo. NO. FEM(PC)80/2021/22-A Dated Shillong the 22nd November, 2021. Copy to:- 1. The Under Secretary to the Govt. of Meghalaya, Finance(PR) Department with reference to letter No.F(PR)-15/2021/10 Dated 21.9.2021. 2. Office copy. By orders etc., Deputy Secretary to the Govt. of Meghalaya, Finance(Pension Cell) Department. 3. It appears that even though the matter seemed to have been resolved with the application of the Old Pension Scheme to the petitioner, the other line departments involved namely the Meghalaya Tourism Development Corporation (MTDC) and the Accountant General have not been in receipt of complete information, request or communication, to enable them to close the matter from their end. In this view of the matter, Mr. In this view of the matter, Mr. S. Sen, learned counsel for the MTDC respondent Nos. 14 and 15 wherein, the petitioner served before joining the Raj Bhavan, Secretariat submits that they have not been in receipt of any request for withdrawal of the said CPF benefits or the surrender thereof, and on such request will process the matter immediately. 4. Mr. R. Debnath, learned counsel for the respondent Nos. 9 and 10 submits that on receipt of all the documents the regular pay slips of the petitioner will be processed expeditiously and GPF Account will be accordingly created. 5. Ms. R. Colney, learned GA for the respondent Nos. 1-8, 11-13 has reiterated her submission that it is to be made clear that in view of the settlement which has been arrived at, the petitioner is to surrender her CPF Contribution along with interest as per the condition contained in the letter dated 22nd November, 2021 (quoted above). 6. Mr. S. Dey, learned counsel for the petitioner submits that this is not an issue as the same has been stated in affidavit, and further gives an undertaking that the petitioner will forgo the CPF benefits, as her past service is being reckoned for fixation of pension under the Old Pension Scheme. 7. Accordingly, in view of the submissions and present circumstances of the matter, this writ petition is disposed of with the direction that the respondent No. 11 shall process the papers of the petitioner and intimate the other line departments namely the MTDC and the Accountant General to enable the settlement of the regularization of the pay slips and creation of GPF Account of the petitioner. 8. It is expected that, the entire exercise shall be completed within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. 9. Matter accordingly stands closed and disposed of.