Anil Kumar v. The Assam State Housing Board and 2 Ors

PageoNo.#o1/3 GAHC010030462024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/870/2024o ANILoKUMARo S/O-oLATEoBHUMIDHARoKUMAR,oR/O-oNILACHALoHOUSINGoCOLONY,oF6,o LIG,oBHETAPARA,oP.S-oHATIGAON,oDIST-oKAMRUPo(M),oASSAM VERSUSo THEoASSAMoSTATEoHOUSINGoBOARDoANDo2oORSo REP.oBYoITSoCOMMISSIONERoRoGoBARUAHoROAD,oGUWAHATI-o05 2:THEoCHAIRMAN oASSAMoSTATEoHOUSINGoBOARD oRoGoBARUAHoROAD oGUWAHATI-o5 3:THEoCOMMISSIONER oASSAMoSTATEoHOUSINGoBOARD oRoGoBARUAHoROAD oGHY-o AdvocateoforotheoPetitionerooooo:oMR.oSoBORAo AdvocateoforotheoRespondento:oSC,oAoSoHoBoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HON'BLEkMR.kJUSTICEkKARDAKkETE o O;R;D;E;R o

30.05.2024. o Page No.# 2/3 Heard Mr. S. Bora, learned counsel for the petitioner. Also heard Mr. T.R. Gogoi, learned Standing Counsel, Assam State Housing Board appearing for the respondent Nos.1, 2 & 3.

¶2By filing this application, the petitioner has prayed for a direction to the respondent authorities to release his outstanding retirement benefits for an amount of Rs.6,93,858/- (Rupees six lakh ninety three thousand eight hundred fifty eight) only, with interest @ 12% p.a., till the release of entire amount from the date of his retirement.

¶3The petitioner who was working as Superintendent (A) under the Assam State Housing Board, Guwahati had retired from the service on 31.08.2022. The respondent authorities are yet to release the retirement benefit of Rs.2,51,000/- (Rupees two lakh fifty one thousand) only against the gratuity amount and Rs.4,42,858/- (Rupees four lakh forty two thousand eight hundred fifty eight) only against the unutilized leave credit of 298 days. The petitioner submits that a total amount of Rs.6,93,858/- is still due and has not been released to the Writ Petitioner by the respondent authorities, despite several representations. Therefore, he prays for a direction to release the aforesaid amount with interest.

¶4The respondents have filed affidavit and admitted the aforesaid amount of Rs.6,93,858/-. However, it is stated that the aforesaid amount may be allowed to release on equal monthly installment basis, for one year with initial payment of Rs.93,000/- (Rupees ninety three thousand).

¶5Having considered that the respondents have admitted the amount of Rs.6,93,858/- (Rupees six lakh ninety three thousand eight hundred fifty eight) only, which is entitled to the petitioner and as agreed to by and on consent of learned counsel for the parties, this Writ Petition is disposed of with a direction Page No.# 3/3 to the respondent authorities to release/pay the amount of Rs.6,93,858/- (Rupees six lakh ninety three thousand eight hundred fifty eight) only, along with interest @ 7% p.a., from the date of this order, in ten (10) equal monthly installments, commencing from the month of June, 2024.

¶6The petitioner shall submit the details of his Bank Account to the respondents, within a week and the amount, as above directed, shall be paid in the account of the petitioner.

¶7With above observation and directions, the Writ Petition stands allowed and disposed of.

JUDGE Comparing Assistant