Ex Service No.JC-2700026 CHANDRA BAHADUR GURUNG v. The Union of India and 3 Ors.
WP(C)/210/2022 · 2025-02-06
B Bhattacharjee
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 852 (MEG) · dailylaw.ai ]
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[ 2025 DAILYLAW 852 (MEG) · dailylaw.ai ]
Judgment text
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Serial No. 13 Regular List
HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C) No.210 of 2022
Date of Order: 06.02.2025
Ex-Service No.JC-2700026
Chandra Bahadur Gurung Son of (L) Dil Bahadur Gurung, Permanent resident of Village and Post office Sainik Bazar, District Jhapa, Nepal and presently residing at Near Mizo Baptist Church, Happy Valley, Shillong-793007, East Khasi Hills District, Meghalaya
…… Petitioner
-Versus-
1. The Union of India, Represented by the Secretary to the Government of India, Ministry of Home Affairs New Delhi-110001
2. The Director General of Assam Rifles, HQ DGAR, Laitkor, Shillong-793011, Meghalaya. 3. The Pay and Accounts Officer, Pay and Accounts Office (Assam Rifles), Old DGAR Complex, Laitumkrah Shillong-793003, Meghalaya
4. The Record Branch (P.G) Cell, HQ DGAR, Old DGAR Complex, Shillong-793003
….. Respondents
2025:MLHC:33
Coram:
Hon’ble Mr. Justice B. Bhattacharjee, Judge
Appearance: For the Petitioner/Appellant(s) : Mr. A. Joshi, Adv
For the Respondent(s)
: Mr. R. Debnath, CGC with
Ms. B. Malngiang, Adv
ORAL:-
Heard MR. A. Joshi, learned counsel appearing for the petitioner and Mr. R. Debnath, learned CGC appearing for the respondents. The petitioner, who was serving in Assam Rifles, has filed this writ petition claiming an amount of Rs. 3,78,645/- (Rupees Three Lakh Seventy Eight Thousand Six Hundred and Forty Five) from the respondents which according to the petitioner was lawfully due upon him as arrear pension. The learned counsel for the petitioner submitted that consequent to the filing of this writ petition, the respondent herein has transmitted an amount of Rs. 1,96,693/- (One Lakh Ninety Six Thousand Six Hundred and Ninety Three) to his bank account on 12.08.2022, as being the arrear of pension. It is submitted that though the petitioner has made a claim of Rs.3,78,645/- (Rupees Three Lakh Seventy Eight Thousand Six Hundred and Forty Five) in the writ petition, the petitioner at present is happy and satisfied to receive the amount of Rs. 1,96,693/- (One Lakh Ninety Six Thousand Six Hundred and Ninety Three) which has been paid by the concerned authority of the respondent. 2025:MLHC:33
The learned counsel further submitted that though the petitioner would not like to dispute the amount of arrear of pension anymore, he has a right to claim interest on the amount for the delayed payment.
He submitted that as there is no specific prayer for grant of interest in the present writ petition, the writ petition may be closed with liberty to the petitioner to approach the respondent authority for payment of interest. In view of the above submission, this writ petition stands closed as infructuous with liberty as prayed for. Judge
Meghalaya 06.02.2025
“Biswarup PS” 2025:MLHC:33 Digitally signed by BISWARUP BHATTACHARJEE Date: 2025.02.06 17:39:17 IST