The High Court
Case Details
THE HIGH COURT OF MEGHALAYA WP(C) No. (SH) 177 OF 2012 1. Smti. Thinda Nongbri, Sister of (L) Admot Nongbri, R/o Mawlai Mawiong Block-C, East Khasi Hills District. 2. Shri.Petrus Nongbri, Brother of (L) Admot Nongbri, R/o Mawlai Mawiong Block-C, East Khasi Hills District. :::: Petitioners -vs- 1. State of Meghalaya, Represented by the Chief Secretary, Govt. of Meghalaya, Shillong. 2. 3. 4. 5. The Director of Local Accounts, Meghalaya, Shillong, Government of Meghalaya, Shillong. The Examiner of Local Accounts, Meghalaya, Shillong, Govt. of Meghalaya, Shillong. The Under Secretary to the Govt. of Meghalaya, Finance (Esst) Department, Shillong.
Legal Reasoning
Smti.Ninatimai Kharpran, D/o Shri.K. Kharbuki, R/o Mawlai Nonglum, Shillong, East Khasi Hills District, Meghalaya. :::: Respondents BEFORE THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH For the Petitioner For the Respondents Date of hearing Date of Judgment & Order : : : : Mr K. Garod, Adv. Mr S. Sen Gupta, GA 02.04.2013 02.04.2013 (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:9)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:9)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15)(cid:9)(cid:9)(cid:9)(cid:9) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12) (cid:9)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:9)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12) (cid:9)(cid:9)(cid:9)(cid:9) Heard Mr. K Garod, learned counsel appearing for the petitioners and (cid:9)(cid:9)(cid:9)(cid:9) Mr. S Sen Gupta, learned counsel appearing for the respondents No.1-4.(cid:9)(cid:9)(cid:9)(cid:9) WP(C) No. (SH) 177 OF 2012 Page 1 of 4 2. By this writ petition, the petitioners are praying for a direction to the respondents to give/furnish the details of the death-cum-retirement gratuity of the deceased (L) Admot Nongbri and to pay the same to the petitioners. 3. The petitioner No.1 Smti.Thinda Nongbri, is the sister of (L) Admot Nongbri, who was an employee of Audit Officer at the Office of the Directorate of Local Accounts, Meghalaya, Shillong and the petitioner No.2 Shri.Petrus Nongbri is the brother of (L) Admot Nongbri. 4. (L) Admot Nongbri was appointed as Assistant Auditor in the Department of Local Accounts, Meghalaya, Shillong in the year 1992 and was confirmed to the said post vide Office Order No. DLA/E/29/92/151 dated Shillong the 27th January, 1999. (L) Admot Nongbri was promoted to the post of Auditor vide order No.DLA/E/29/92/191 dated Shillong the 19th April, 2002. Again, he was also promoted to the post of Audit Officer vide Officer Order No.DLA/E/16/92/57 dated Shillong the 17th February, 2010. The respondent No.5 is the wife of (L) Admot Nongbri. 5. The further case of the petitioners herein is that the respondent No.5 Smti.Niantimai Kharpran was separated from (L) Admot Nongbri while he was surviving. (L) Admot Nongbri while separating from the respondent No.5, he suffered serious illness and the petitioners borne all the medical expenses and his funeral expenses. It is also the further case of the petitioners that (L) Admot Nongbri while he was suffering from serious illness, he was staying with the petitioner No.1. Therefore, they are entitled to receive the GPF and death-cum-retirement gratuity of the deceased (L) Admot Nongbri. 6. The petitioners also had approached the concerned authority for giving the particulars of the death-cum-retirement gratuity left behind by (L) Admot Nongbri and the respondent authorities refused to furnish the details of the death-cum-retirement gratuity. Hence this writ petition. WP(C) No. (SH) 177 OF 2012 Page 2 of 4 7.
Decision
In the writ petition itself, the petitioners are not denying that the respondent No.5 Smti. Smti.Niantimai Kharpran is the legally married wife of (L) Admot Nongbri. But the petitioners’ case is that the respondent No.5 was separated from (L) Admot Nongbri during the last part of his life. The petitioners also admitted in the writ petition that (L) Admot Nongbri had furnished the nomination of his GPF in favour of his wife, Smti.Niantimai Kharpran (respondent No.5) but he did not furnish the nomination for death- cum-retirement gratuity. 8. The State respondents had filed their joint affidavit, wherein it has stated that as per the documents available in the Office of the respondent No.3, the nomination for the GPF was furnished by (L) Admot Nongbri in favour of his wife (respondent No.5) and he did not change his nomination until he died and hence, his nomination remained in favour of the respondent No.5. 9. In paragraph 11 of the joint affidavit-in-opposition filed by the State respondents read as follows:- “11. That with regard to the statement made in para 9 of the writ petition the answering respondent beg to state that the particulars of certain debts and securities left by the deceased Shri.(L)Admot Nongbri have not been supplied to the petitioner No.1 due to the following reasons/facts and documents available in the Office of the respondent No.3:- (i) That the nomination for GPF furnished by Shri.(L)Admot Nongbri which was in favour of his wife Smti.Niantimai Kharpran has not been changed by him until he died and hence the nomination for GPF remains in the Office of the Respondents No.3 as proof of evidence and as record of his office that Shri.(L) Admot Nongbri has still remained with his wife until death.” 10. It has also been stated in the joint affidavit that the respondent authorities had provided the details of the debts and securities left behind by (L) Admot Nongbri to his wife i.e. the respondent No.5. The respondent No.5 had submitted her succession certificate from the competent authority in respect of the debts and securities left behind by her husband (L) Admot Nongbri. 11. In pursuance of the Meghalaya Civil Services (Pension) Rule, 1983 and also the succession certificate issued by the competent authority WP(C) No. (SH) 177 OF 2012 Page 3 of 4 for the debts and securities left behind by (L) Admot Nongbri, the respondent No.5, who is the wife of (L) Admot Nongbri is to receive the debts and securities left behind by (L) Admot Nongbri. 12. For the above reasons, the writ petitioners had failed to persuade this Court to grant the relief as sought for in this present writ petition. 13. Accordingly, this writ petition is not entertained and is dismissed. However it is left to the petitioners to assail the said succession certificate for the debts and securities left behind by (L) Admot Nongbri issued in favour of the respondent No.5. (cid:14)(cid:16)(cid:17)(cid:9) JUDGE WP(C) No. (SH) 177 OF 2012 Page 4 of 4