Page No.# 1/4 GAHC010169132024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4244/2024 RAMANI DAS SON OF LATE CHANA RAM DAS, RESIDENT OF VILLAGE- MALAYBARI, P.O. KHATRI, 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- 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 ORDER Page No.# 2/4 27.01.2025 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 already 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 30.09.2022. Upon his retirement the petitioner was entitled to receive retiral benefits such as gratuity of Rs.3,00,000/- and unutilised leave salary of 300 days amounting to Rs.4,71,700/- in total. However, since the authorities have failed to release the amount despite repeated requests made by the petitioner, he has approached 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 counter-affidavit filed by the respondents on 07.12.2024, more particularly paragraph 17 thereof, Mr. Gogoi has submitted that if the Court permits them in that event, the schedule of payment indicated therein, will be followed by the Board. 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 17 of the counter-affidavit filed on 07.12.2024 the respondents have made the following statement :- “17. That in regards to the statements made in paragraph No.18 the respondent authorities states that the petitioner is entitled to Page No.# 3/4 Rs.7,71,700.00 (Seven Lakhs Seventy One Thousand and Seven Hundred) only as retirement benefits. It is stated that 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, the answering deponent respectfully stated that, it was clearly mentioned in office order vide order No.SHB/G/Esstt/8/90/246/2069 dated 30.11.2022 which was issued by the respondent authority to the petitioner that, the benefits of retirement “payment may be made subject to availability of fund”. It is respectfully stated by the respondents that due to acute financial crisis of the Board the entire outstanding amount of the petitioner could not be released in one time. As such it is stated that, out of total outstanding retirement dues of the petitioner, an amount of Rs.71,700.00 will be paid within next week and remaining amount of Rs.7,00,000/- (Seven Lakhs) shall be paid in equal monthly instalment basis within a year, i.e. Rs.58,333.00 X 12 = 7,00,000/- within the first week of every succeeding month.” From the above it is clear that the authorities are proposing to pay the balance dues of the petitioner in monthly instalment within a period of one year. Since the petitioner is agreeable to such payment schedule 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 projection made in the counter affidavit. The payment schedule to commence from 1st Page No.# 4/4 week of February, 2025. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant