SYEDA MAFIDA KHANAM W/O KHAIRUL BASAR Vs. STATE OF ASSAM AND 5 ORS REP BY CHIEF SECRETARY TO GOVT OF ASSAM
LAWS(GAU)-2018-9-40
HIGH COURT OF GAUHATI
Decided on September 18,2018

Syeda Mafida Khanam W/O Khairul Basar Appellant
VERSUS
State Of Assam And 5 Ors Rep By Chief Secretary To Govt Of Assam Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. H. Das, learned counsel appearing for the writ petitioner. I have also heard Mr. G. Bordoloi, learned Standing Counsel, Agriculture Department, Assam, representing the respondent Nos.1, 2, 3, 5 and 6. Mr. B. Gogoi, learned Standing Counsel, Finance Department, appears for the respondent No.4.
(2.) The writ petitioner herein was an employee of the Assam Seeds Corporation Limited, which is a public sector undertaking owned by the Government of Assam and she had retired from service on attaining the age of superannuation with effect from 28.02.2011. The claim of the petitioner is that as per the service rules she was entitled to gratuity, leave salary, arrear pay and dearness allowances as retirement dues amounting to Rs.22,90,841/- in total. However, even after several years from the date of her retirement the respondents have not released the aforesaid amount on the ground of pendency of a disciplinary proceeding initiated on the basis of a show cause notice dated 08.06.2010. Hence, this writ petition.
(3.) Mr. Das, learned counsel for the writ petitioner, submits that there were two show cause notices issued to the writ petitioner around more or less the same time. The disciplinary proceeding initiated by the show cause notice dated 06.10.2009 had been subsequently dropped by the order dated 27.01.2014. However, in respect of the show cause notice dated 08.06.2010, although the petitioner had submitted her reply on 02.07.2010, the said proceeding has remained inconclusive till today in as much as no further steps have been taken by the department to take the enquiry forward. Notwithstanding the same, submits Mr. Das, by taking the plea of pendency of the disciplinary proceeding the retiral benefits of the writ petitioner has been arbitrarily withheld thereby causing serious prejudice to the rights and interest of his client.;


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