Samarjit Biswas v. The State of Assam and 2 Ors

ORDER Date : 14.08.2023

Heard Mr. M.H.Laskar, learned counsel for the petitioner. Also heard Mr. D.Bora, learned counsel for the respondent No.1 and Mr. T.R.Gogoi, learned standing counsel for the respondent Nos. 2 and 3.

¶2By filing this writ petition, the petitioner has prayed for a direction to Respondent authorities to release the pending retiral dues amounting to Rs. 8,95,079/- (Rupees eight lakhs ninety five thousand and seventy nine) only with interest in a single installment within a specific time frame.

¶3The petitioner was working as a Peon in the Office of Assam State Housing Board, Zonal Office, Silchar and has retired on 30.09.2019 after serving for more than 40(forty) years. The petitioner claims that his retiral dues amounting to Rs. 8,95,079/- (Rupees eight lakhs ninety five thousand and seventy nine) only has not been released by the respondent authority, particularly, the respondent Nos. 2 and 3.

¶4The respondent Nos. 2 and 3 has filed a counter affidavit stating that an amount of Rs. 7,24,900/- (Rupees seven lakh twenty four thousand nine hundred) only is yet to be released to the petitioner and not Rs. 8,95,079/- (Rupees eight lakhs ninety five thousand and seventy nine) only. However, due to financial condition of the respondents, the entire retiral benefits of Rs. 7,24,900/- (Rupees seven lakh twenty four thousand nine hundred) only could Page No.# 3/4 not be released at a time.

¶5Mr. T.R.Gogoi, learned counsel for the respondent Nos. 2 and 3 submits that out of Rs. 7,24,900/- (Rupees seven lakh twenty four thousand nine hundred) only, Rs. 50,000/- (Rupees fifty thousand) only has already been released to the petitioner and therefore, the remaining retiral benefits due to the petitioner is amounting to Rs.6,74,900/- (Rupees six lakhs seventy four thousand nine hundred) only. He further prays that the respondents may be allowed to release Rs. 74,900/- (Rupees seventy four thousand nine hundred) only to the petitioner within a week and the remaining amount of Rs. 6,00,000/- (Rupees six lakh) only may be allowed to be released on equal installments within 12(twelve) months.

¶6The learned counsel for the petitioner fairly agreed to the submissions made by the learned counsel for the respondents.

¶7Considering the submissions made by the learned counsel for the parties, particularly, the submissions made by the learned counsel for the respondent Nos. 2 and 3, this writ petition is disposed of directing the respondent Nos. 2 and 3 to release Rs.74,900/-(Rupees seventy four thousand nine hundred) only within a period of 1(one) week from today to the petitioner and the remaining amount of Rs.6,00,000/-(Rupees six lakh) only be released on equal installments within a period of 12(twelve) months from today.

The petitioner is also directed to submit the details of the bank account Page No.# 4/4 within a period of 3(three) days from today.

¶8With the aforesaid observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010201212022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6717/2022o SAMARJIToBISWASo S/O-oLATEoTATANoBISWAS,o R/O-oMEHERPUR,oSIVALIKoPARK,oBYEoLANEo-12,oSILCHAR,oDIST-oCACHAR,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oURBANoDEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoASSAMoSTATEoHOUSINGoBOARD oREPRESENTEDoBYoITSoCHAIRMANo oR.G.oBARUAHoROAD oGUWAHATI-5.oASSAM 3:THEoCOMMISSIONER oASSAMoSTATEoHOUSINGoBOARD oR.G.oBARUAHoROAD oGUWAHATI-5o AdvocateoforotheoPetitionerooooo:oMR.oMoHoLASKARo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE