YAM KUMARI TAMANG v. THE STATE OF MEGHALAYA AND 3 ORS.
WP(C)/234/2022 · 2025-04-16
H S Thangkhiew
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 901 (MEG) · dailylaw.ai ]
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[ 2025 DAILYLAW 901 (MEG) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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Serial No.23 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C). No. 234 of 2022
Date of Decision : 16.04.2025
Smti. Yam Kumari Tamang
…Petitioner
-Versus-
1. The State of Meghalaya
Represented by its Chief Secretary.
2. The Superintendent of Police Anti-Infiltration Directorate, Meghalaya, Shillong.
3. Finance and Accounts Officer (FAO)
Police Headquarter, Shillong.
4. Miss Ruchika Lama Represented by: Smti. Maya Lama, W/o Shri. Pemba Lama, R/o Holding No. 48, 39 JB Cantt Shillong, Meghalaya.
…Respondents
Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge
Appearance: For the Petitioner/Applicant(s) : Ms. R.Kharshiing, Adv.
For the Respondent(s)
: Mr. N.D.Chullai, AAG with
Ms. S.Bhattacharjee, GA for R 1-3
Ms. N.Kharkongor, Adv. for R 4. 2025:MLHC:300
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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. Today Ms. R.Kharshiing, learned counsel for the petitioner has renewed her prayer for equal share of the terminal benefits on the ground that notwithstanding the authenticity or genuineness of the marriage, the fact remains that the petitioner had borne a son from the deceased employee and as such, the child born of such union is entitled to some terminal benefits.
2. Ms. R.Kharkongor, learned counsel for the petitioner has vehemently objected to the same and has even questioned the veracity and authenticity of the Birth Certificate and has submitted that the name of the mother recorded in the Birth Certificate is not of the petitioner.
3. As observed by this Court in the order dated 26-03-2025, in the face of such questionable documents and disputed facts, this Court sitting in writ jurisdiction cannot give a definitive answer on the competing claims of the parties. 2025:MLHC:300
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4. Mr. N.D.Chullai, learned AAG assisted by Ms. S.Bhattacharjee, learned GA for the respondents No. 1-3, has however submitted that if the parties are agreeable, perhaps the matter can be attempted to be resolved at the level of the department itself. The same is not objected to by the parties as the same will avoid the parties the burden of contesting a title suit, which is time consuming.
5. In the totality of the circumstances therefore, the suggestion as given by the learned AAG and the consent given by the parties to try and work out an amicable solution is accepted. This matter accordingly stands
disposed of by giving the authorities a period of two months to dispose of the matter. It is expected that both the parties shall cooperate fully with the authorities and appear as and when directed.
6. Matter accordingly stands disposed of.
Judge
2025:MLHC:300 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.04.16 19:11:36 IST