Usha Dey v. The Assam State Housing Board and Anr

ORDER Date : 24.03.2023 Heard Mr. M. H. Laskar, the learned counsel appearing on behalf of the petitioner and Mr. T. Gogoi, the learned counsel appearing on behalf of the respondent Nos. 1 and 2. Page No.# 2/3

¶2It is apparent from the records more so from the affidavit-in-opposition filed by the respondent Nos. 1 and 2 that the petitioner is entitled to an amount of Rs.7,03,608/-. This aspect of the matter can be seen from paragraph No.4 of the affidavit-in-opposition.

¶3It is however the case of the respondent Nos. 1 and 2 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.6 of the affidavit-in-opposition, it transpires that the respondent Nos. 1 and 2 have given an undertaking that they shall give an initial payment of Rs.1,03,608/- on or before 02.04.2023 as the first installment and the remaining amount of Rs.6,00,000/- 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.7,03,608/- 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.

¶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.7,03,608/- along with interest @7% on reducing balance from the date of the instant order in 12 equal installments starting from the month of April, 2023 and ending on

31.03.2024. The learned counsel for the petitioner submits on instructions that he has no objection. Page No.# 3/3

¶6Taking into account the said consensus, the instant petition therefore stands disposed of with a direction to the respondent Nos. 1 and 2 to pay the amount of Rs.7,03,608/- 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 April,2023. The entire amount has to be liquidated by the respondent Nos. 1 and 2 by 31.03.2024.

¶7The learned counsel appearing on behalf of the petitioner submits that the petitioner shall submit the details of her Bank Account to the respondent No.2 by 29.03.2023 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

Page No.# 1/3 GAHC010228482022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7197/2022 USHA DEY W/O- NIMAI DEY, R/O- CHITTARANJAN LANE , KARIMGANJ TOWN, DIST- KARIMGANJ, ASSAM, PIN-788710 VERSUS THE ASSAM STATE HOUSING BOARD AND ANR REP. BY ITS CHAIRMAN, R.G BARUAH ROAD, GUWEAHATI-05, ASSAM 2:THE COMMISSIONER ASSAM STATE HOUSING BOARD R.G BARUAH ROAD GUWAHATI-05 ASSA Advocate for the Petitioner : MR. M H LASKAR Advocate for the Respondent : SC, HOUSING BOARD BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH