Page No.# 1/3 GAHC010142892024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3623/2024 KALYAN KALITA SON OF LATE DHARANI KANTA DAS, RESIDENT OF FLAT NO. 102, LIG(C) DR. BIRINCHI KR BAROOAH ROAD, P.S.- CHANDMARI P.O.- SILPUKHURI, DISTRICT- KAMRUP(METRO), ASSAM. VERSUS THE ASSAM STATE HOUSING BOARD AND 2 ORS REPRESENTED BY ITS COMMISSIONER R.G. BARUAH ROAD, GUWAHATI-5. 2:THE CHAIRMAN ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI-5. 3:THE COMMISSIONER ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI-5 Advocate for the Petitioner : MR. S BORA, MS J RAJKUMARI Advocate for the Respondent : SC, A S H B, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Page No.# 2/3 ORDER Date : 30-01-2025 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 respondents. The petitioner herein has retired from service as an employee of the Assam State Housing Board (herein after referred to as the Board) on attaining the age of superannuation with effect from 29-02-2024. Upon his retirement, the petitioner claims to be entitled to receive Contributory Provident Fund (CPF) of Rs. 5,51,904.66, retirement gratuity of Rs. 7,00,000/- and unutilized leave credit of 300 days amounting to Rs. 6,32,020/-. The total amount due and payable to the writ petitioner, as claimed in the writ petition, is Rs. 18,43,924/-. However, since the authorities have failed to release the said amount despite repeated requests made by the petitioner, he was compelled to approach this Court by filing the present writ petition, seeking a writ of mandamus. Mr. Gogoi submits that the only reason why the amount could not be released till date is due to the acute financial crisis faced by the Board. However, by referring to the counter- affidavit filed by the respondents on 25-10-2024, more particularly paragraph 19 thereof, Mr. Gogoi has submitted that if the Court permits, then in that event, the schedule of payment indicated therein, will be followed by the Board and the payments shall be released accordingly. Mr. Bora submits that his client would have no objection if the writ petition is disposed of by taking note of the above submission of the respondents’ counsel. In paragraph 19 of the counter-affidavit filed on 25-10-2024 the respondents have made the following statement:- Page No.# 3/3 “19. That in regards to the statements made in paragraph No.18 the respondent authorities states that the answering authorities have not denied to release the retirement benefits to the instant petitioner. It is respectfully stated that only due to poor financial condition of the Board, the retirement benefits could not be released at a time to the petitioner. However, according to availability of fund, part payments of the retirement benefits have been made. Further, it is stated that the out of remaining amount of Rs. 17,31,020/- (Rupees seventeen lakhs thirty one thousand twenty) only, an amount of Rs. 5,31,020/- (Five Lakhs Thirty one Thousand and Twenty) only will be paid within the month of November, 2024, and rest of amount shall be paid in equal monthly instalment basis for one year, i.e. (Rs. 1,00,000 X 12 = Rs. 12,00,000/-) on or before 7th of each succeeding month. From the above it is clear that the authorities are proposing to pay the balance dues of the petitioner partly on lump sum basis and partly in equal monthly instalment within a period of one year. Since the petitioner is agreeable to such payment schedule projected in paragraph 19 of the affidavit and taking note of the stand of the learned counsel for the parties, this writ petition stands disposed of by providing that the amount due and payable to the petitioner shall be paid to him by strictly adhering to the schedule noted herein above and the projections made in paragraph 19 of the counter affidavit. The payment schedule to commence from 1st week of February, 2025. The writ petition stands disposed of accordingly. JUDGE GS Comparing Assistant