Meghalaya High Court
Date Of Decision: 13.08.2025 vs The Union Of India on 13 August, 2025
Author: H.S.Thangkhiew
Bench: H.S.Thangkhiew
2025:MLHC:720
Serial No.04
Supp. List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 272 of 2023
Date of Decision: 13.08.2025
Shri. Quiwib R. Marak,
Son of (L) Ragonach J. Sangma.
...Petitioner
-Versus-
1. The Union of India,
Represented by the Secretary,
Ministry of Health and Family Welfare,
Government of Meghalaya.
2. The State of Meghalaya,
Represented by the Chief Secretary of Meghalaya,
Government of Meghalaya.
3. The Under Secretary to the Government of Meghalaya,
Secretariat Administration Department,
Nazarat Branch, Shillong.
4. NEIGRIHMS (North Eastern Indira Gandhi Regional
Institute of Health and Medical Sciences)
Represented by the Director (Admn), NEIGRIHMS
(North Eastern Indira Gandhi Regional
Institute of Health and Medical Sciences),
Shillong, Meghalaya.
5. The Deputy Director (Admn),
NEIGRIHMS (North Eastern Indira Gandhi Regional
Institute of Health and Medical Sciences),
Shillong, Meghalaya.
...Respondents
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2025:MLHC:720
Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. S.Marpan, Adv.
For the Respondent(s) : Dr. N.Mozika, DSGI with
Ms. M.Myrchiang, Adv, for R 1,4&5.
Mr. N.D.Chullai, AAG with
Mr. E.R.Chyne, GA for R 2 & 3.
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. The petitioner is before this Court with a prayer for release of his
retirement/pensionary benefits to which he is entitled, but however, has not
been released though he has retired as far back as on 30-09-2021.
2. The brief facts are that the petitioner was appointed as a Peon by the
respondent No. 3 (State respondent) in 1984, and thereafter, on 01-11-1989
was deputed to North Eastern Indira Gandhi Regional Institute of Health and
Medical Sciences (NEIGRIHMS), for an initial period of 1(one) year, which
continued on extension for 10(ten) years, whereafter, he was permanently
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absorbed w.e.f. 01-11-1999. It appears that the non-finalisation and release
of the terminal benefits due to the writ petitioner was on account of the lack
of clarity as to who would be the appropriate authority liable to facilitate the
same, inasmuch as, the petitioner was on deputation for a period of 10 (ten)
years (1989-1999).
3. In the course of the proceedings, with regard to the question of the
period of deputation, i.e. from 01-11-1989 to 01-11-1999, the same came to
be resolved, as the orders of extension of deputation by the State of
Meghalaya have been produced before this Court, which reflect that for all
practical purposes, the writ petitioner was no longer in the services of the
State Government after 1989. Thereafter, on the same being resolved, with
regard to the calculation of arrears of the pension gratuity and other terminal
benefits due to the writ petitioner, an affidavit has been filed by the writ
petitioner detailing the said amount with interest in terms of Rule 45(1)(a)
of the Central Civil Services (Pension) Rules, 2021. The computed amount
as stated in the affidavit dated 13-05-2025, is ₹ 3,49,819/-. This amount,
therefore, necessarily would be payable by the NEIGRIHMS, as the writ
petitioner has superannuated from the Central Government itself.
4. Dr. N.Mozika, learned DSGI assisted by Ms. M.Myrchiang, learned
counsel on behalf of the respondents No. 1, 4 & 5, has submitted that for
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this period for which the lacuna existed earlier i.e. from 1989-1999, in view
of the facts and circumstances as placed, the said respondents are agreeable
to pay the amount as computed. However, learned DSGI has drawn the
attention of this Court to the fact that the writ petitioner was in service from
the year 1984 to 1989 under the State respondents, for which certain
deductions surely would have been made. He further submits that as the
respondents No. 1, 4 & 5 are settling the final dues of the writ petitioner, this
amount is to be received for adjustment and made over to the respondents
No. 1, 4 & 5, and that the State respondents be directed to transmit this
amount.
5. Mr. N.D.Chullai, learned AAG assisted by Mr. E.R.Chyne, learned
GA on behalf of the respondents No. 2 & 3, however, submits that as per his
instructions, there are no dues lying with the State Government and as such,
the final settlement to be made by the respondents No. 1, 4 & 5, should close
the entire matter.
6. Mr. S.Marpan, learned counsel on behalf of the petitioner submits that
on this settlement, the petitioner’s grievances will be addressed and has no
further claims to make, only that, as the computation was made as far back
as on May, 2025, the correct amount may be calculated and pension of the
petitioner may be released accordingly.
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7. This Court on the consideration of the facts of the case and also the
added submissions made by Dr. N.Mozika, learned DSGI for the
respondents No. 1,4 & 5, is of the opinion that it is not necessary to prolong
the matter any further as it is the writ petitioner who is suffering due to the
non-release of his due entitlements.
8. Accordingly, this writ petition is closed by directing the respondents
No. 1, 4 & 5 to release the payments of the writ petitioner as due. With regard
to the question raised by Dr. N.Mozika, learned DSGI, it is left to the
NEIGRIHMS and the State respondents to resolve the matter at their level,
and in this regard, it is expected that the State shall calculate the amount, if
any, and the same to be made over to the respondents No. 1, 4 & 5 within a
period of 5(five) months from today.
9. With the above directions, the writ petition stands closed and disposed
of.
Judge
Meghalaya
13.08.2025
“Samantha PS”
Signature Not Verified 5
Digitally signed by
SAMANTHA ANNA LIYA
RYNJAH
Date: 2025.08.13 06:09:12 IST