HC directs GHADC to pay pension benefits of employee

SHILLONG: The High Court of Meghalaya has directed the Garo Hills Autonomous District Council (GHADC) to release the salary and other service benefits of a retired employee of the council within 10 months. The High Court also questioned the council for not paying the salary to the employees despite getting Central aid.
Azranath M. Momin, the petitioner retired from service on November 12, 2014 as senior assistant settlement officer and secretary of GHADC, Tura.
The GHADC authorities after the retirement of the petitioner had settled and sanctioned the amount of gratuity and leave salary and the gratuity amount was supposed to be paid to the petitioner in three equal installments.
The petitioner last year filed a representation before the GHADC for releasing the retirement benefit and thereafter on several occasions had approached to the council and made oral request to expedite to release the gratuity and leave salary.
Failing to get any response, the petitioner approached the Court to intervene in the matter.
During the hearing, the counsel for the petitioner argued that the petitioner retired November 12, 2014 and till date, he has not received his service benefit.
In reply to the submission advanced by the counsel for the petitioner, GHADC counsel at the outset submitted that the financial condition of the council is so bad that they are not in a position even to give regular salary to the employees.
He further contended that the service benefits are given to those who retired on seniority basis and also further submitted that the council is helpless in this case as there is no generation of fund and further argued that, at least one years’ time may be given to clear the pension and other service benefits of the petitioner.
“After hearing the submissions advanced by the counsel for the parties, I could not understand as to why inspite of getting central aid, the respondents (GHADC) cannot pay the salary and other service benefits to the employees,” the Court said.
The Court also added that it is the responsibility of the State Government to look into the matter as the “GHADC has surrendered before this court that it would not be able to pay the pension benefits before one year”.