DORJEE TSERING Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-6-118
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on June 29,2018

Dorjee Tsering Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) Heard Mr. T. T. Tara, learned counsel for the petitioner and Mr. D. Soki, learned senior Govt. Advocate appearing for the State respondents.
(2.) By preferring this petition under Article 226 of the Constitution of India, the petitioner has sought for a direction to the respondent No. 2/the Commissioner (vigilance), Govt. of Arunachal Pradesh and the respondent No. 3/the Deputy Commissioner, West Kameng District, Bomdila, Arunachal Pradesh to issue No Objection Certificate (for short 'NOC') and Vigilance clearance respectively, in his favour, within a period of one week and further, to direct the respondent No. 4/the Additional Deputy Commissioner, West Kameng District, Bomdila, Arunachal Pradesh and respondent No. 5/ the Director, Audit and Pension, Arunachal Pradesh, to process his pension file, without NOC and vigilance clearance from the offices of the respondents No. 2 and 3.
(3.) The petitioner's case, in a nut-shell, is that the petitioner retired from service, on 31.12.2017, as Head Assistant (HA) of the Office of the Additional Deputy Commissioner, Singchung, West Kameng District, Arunachal Pradesh. As per order vide Memo No. VIG-71/2014/45, dated 06.06.2017, issued by the Principal Secretary (Vigilance), Govt. of Arunachal Pradesh, it is mandatory to obtain NOC and Vigilance clearance by every retired government employee from the concerned Deputy Commissioner to draw pension. The aforesaid order further provides that in case of failure of issue of NOC within a period of 6 (six) weeks, the NOC and Vigilance clearance shall be deemed to be considered as issued. It is the case of the petitioner that he submitted two representations, on 03.05.2018, addressed to the respondent No. 3 praying for issuance of Vigilance clearance and NOC respectively, so as to enable him to draw pensionary benefits, however, his representations are yet to be considered by the authorities concerned. Hence, the instant petition is filed praying for directions as stated above.;


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