Juban Ts Thongni and 2 Ors v. Khasi Hills Autonomous District Council and 3 Ors

O R D E R :: ORAL (Made by Hon'ble, the Chief Justice)

The present Writ Appeals have been filed challenging the orders dated 06.02.2024 passed in WP(C) No. 458 of 2022 and dated

23.02.2024 passed in WP (C) No.370 of 2023.

¶2The main grievance of the Writ Petitioners before the learned Single Judge was that the outstanding amounts of the retired Ex-MDCs have not been paid. Even though a statement was made by the learned counsel appearing for the respondents-KHADC that the KHADC has commenced the payment, an objection was made by the learned counsel appearing for the Appellants/Writ Petitioners stating that only paltry sum has been paid and the actual amount due has not been given. Learned counsel appearing for the Appellants/Writ Petitioners prayed before the learned Single Judge that the matter may be kept pending so as to ascertain the commitment made by the learned counsel for respondents-KHADC which was not taken note of. The learned Single Judge disposed of the writ petition with liberty to the writ petitioners to initiate fresh proceedings in the event that the commitment is not honoured.

¶3When this Court posed a question to the learned counsel for the appellants as to the amount of pension payable to the retired Ex-

MDCs has been pleaded or an averment has been made in the pleadings before the learned Single Judge to which the learned counsel fairly submitted that it has not been stated. He reiterated that small sum has been paid as pension and substantial amount including arrears have been deprived.

¶4This Bench cannot conduct a roving enquiry and compute the amount payable to the retired Ex-MDCs. For the purpose of determination of the amount, if any payable, the Appellants/Writ Petitioners will have to approach the District Council or such other authority for redressal. In case a commitment has not been honoured, it will be open to the Appellants/Writ Petitioners to take appropriate steps in accordance with law and the appeal before this Court cannot be entertained.

¶5We are of the view that no relief can be granted to the Appellants and the Writ Appeals are closed by giving liberty to the Appellants/Writ Petitioners to approach the District Council or such other authority for the purpose of determination of the amount including the arrears, if any, payable to the retired Ex-MDCs. In case any request is made to the District Council or the Authority stated supra it is expected to take a decision on the matter as expeditiously as possible within a period of four months from the date of receipt of this order.

¶6WA No. 12 of 2024 and WA No. 14 of 2024 stand disposed of.

(W. Diengdoh) (S. Vaidyanathan)

Judge Chief Justice

Meghalaya

09.04.2024 "Sylvana PS"

HIGH COURT OF MEGHALAYA AT SHILLONG WA No. 12 of 2024 with WA No. 14 of 2024 Date of order: 09.04.2024 In WA No. 12 of 2024 1. Juban TS Thongni 2. Nestingdar Nongdkhar 3. Srally Rashir ...Appellants In WA No. 14 of 2024 1. James B. Basaiawmoit 2. Jansing Tynsong 3. Morningstar Mawsor 4. Neil A War 5. Telinia S. Thangkhiew 6. Donevan Wanlang 7. James Sylliang 8. Manstudy Nongrem 9. Otril Pamshong 10. Artist Ranee 11. Fabian Lyngdoh 12. L. Goodleaderson Nongsiej 13. Hadrian Lyngdoh 14. Martamlin Pyrbot 15. Enbin K. Raswai 16. Fieldmarshal Mawphniang 17. Cleophas B Syiem 18. Rona Khymdeit 19. Arbinus Lyngdoh Serial Nos. 7 &8 Regular List 20. Harding L Massar 21. William Mynsong 22. Donkupar Sumer .....Appellants Vs. 1. Khasi Hills Autonomous District Council represented by its Secretary, Shillong, East Khasi Hills, Meghalaya. 2. The Executive Committee, Khasi Hills Autonomous District Council, Shillong, East Khasi Hills, Meghalaya. 3. The Chief Executive Member, Khasi Hills Autonomous District Council, Shillong, East Khasi Hills, Meghalaya. 4. The Executive Member, In-charge of Finance Department, Khasi Hills Autonomous District Council, Shillong, East Khasi Hills, Meghalaya. .....Respondents Coram: Hon'ble Mr. Justice S. Vaidyanathan, Chief Justice Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Appellants : Mr. S. Thapa, Adv. with Ms. B.F. Kharwanlang, Adv. For the Respondents : None i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: