Mrinal Chandra Deb v. The State of Assam and 3 Ors

ORDER Date : 22.05.2023 Heard Mr. G. Alam, the learned counsel appearing on behalf of the petitioner and Mr. T. Gogoi, the learned counsel appearing on behalf of the respondent Nos. 1 to 4.

¶2It is apparent from the records more so from the affidavit-in-opposition filed by the respondent Nos. 2, 3 and 4 that the petitioner is entitled to an amount of Rs.10,23,110/-. This aspect of the matter can be seen from paragraph No.6 of the affidavit-in-opposition.

¶3It is however the case of the respondent Nos. 2, 3 and 4 that they are unable to make payment of the same immediately and as such have requested for payment of the same in installments. In terms with the paragraph No.7 of the affidavit-in-opposition, it transpires that the respondent Nos. 2, 3 and 4 have given an undertaking that they shall give an initial payment of Rs.1,00,000/- as the first installment within one week and the remaining amount of Rs.9,23,110/- shall be paid in equal monthly installments within 1

(one) year on or before 7th of each succeeding month.

¶4The learned counsel appearing on behalf of the petitioner has submitted that the amount so payable to the petitioner is long due and the said amount of Rs.10,23,110/- is a part of the gratuity amount and in terms with the Payment of Gratuity Act, 1972, it is the mandate of Section 7 that there is a requirement for payment of interest from the date the amount becomes payable. Page No.# 3/3

¶5The learned counsel appearing on behalf of the respondents taking into account the claim so made by the petitioner has submitted upon instructions that the respondents are ready to pay the amount of Rs.10,23,110/- along with interest @7% on reducing balance from the date of the instant order in 12 equal installments starting from the month of June, 2023 and ending on

31.05.2024. The learned counsel for the petitioner submits on instructions that he has no objection.

¶6Taking into account the said consensus, the instant petition therefore stands disposed of with a direction to the respondent Nos. 2, 3 and 4 to pay the amount of Rs.10,23,110/- along with interest @7% from the date of the instant order on reducing balance to the petitioner in 12 equal installments starting from the month of June, 2023. The entire amount has to be liquidated by the respondent Nos. 2, 3 and 4 by 31.05.2024.

¶7The learned counsel appearing on behalf of the petitioner submits that the petitioner shall submit the details of his Bank Account to the respondent No.4 by

29.05.2023 and the said amount as above directed shall be paid to the account of the petitioner.

¶8With above observations and directions, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203902022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6605/2022o MRINALoCHANDRAoDEBo S/O-oLATEoMANINDRAoCHANDRAoDEB,o R/O-oQUARTERoNO-AT-II,oZONEoII,o ASSAMoPOLICEoHOUSINGoCOMPLEX,oB.KoKAKATIoROAD,oULUBARI,o P.O-oULUBARI,oP.S-oPALTANoBAZAR,oGUWAHATI,o DIAT-oKAMRUPo(M),o ASSAM,oPION-781007 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYo,DEPARTMENTo OFoURBANoDEVELOPMENT,oDISPUR,oGUWAHATI-06 2:THEoASSAMoSTATEoHOUSINGoBOARD oREPRESENTEDoBYoITSoCOMMISSIONER oR.G.oBARUAHoROAD oGUWAHATI-5 3:THEoCHAIRMAN o oASSAMoSTATEoHOUSINGoBOARDoR.G.oBARUAHoROAD oGUWAHATI-5 4:THEoCOMMISSIONER oASSAMoSTATEoHOUSINGoBOARDoR.G.oBARUAHoROAD oGUWAHATI-o AdvocateoforotheoPetitionerooooo:oMR.oAoJoSARMAo AdvocateoforotheoRespondento:oSC,oHOUSINGoBOARDoo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH