HASSAIN ALI SARKER vs THE STATE OF MEGHALAYA AND ORS.

2026:MLHC:1259-DB
Serial Nos.01-04
Daily List
MLHC010012962026
HIGH COURT OF MEGHALAYA
AT SHILLONG

WA No.37/2026 with
WA No.38/2026
WA No.39/2026
WA No.40/2026
Date of Decision: 06.11.2026
Uploaded on: 06.11.2026

Shri Hassain Ali Sarker, Son of Late Korban Ali, R/o Village-
Magurmari, PO-Rajabala, PS-Rajabala, West Garo Hills District,
Meghalaya. ..... Appellant
Vs.

1. The State of Meghalaya, represented by the Commissioner &
Secretary, Education Department, Government of Meghalaya,
Shillong.

2. The Director of Local Fund Audit, Meghalaya, Shillong.

3. The Director of School Education and Literacy, Meghalaya,
Shillong.

4. The District School Education Officer, Tura, West Garo Hills,
Meghalaya. ..... Respondents

Smti. Kanchon Begum, wife of Late Joynal Abdin, R/o Village-
Bhaitbari, PO-Bhaitbari, PS-Phulbari, West Garo Hills District,
Meghalaya. ..... Appellant
Vs.

1. The State of Meghalaya, represented by the Commissioner &
Secretary, Education Department, Government of Meghalaya,
Shillong.

2. The Director of Local Fund Audit, Meghalaya, Shillong.

3. The Director of School Education and Literacy, Meghalaya,
Shillong.


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2026:MLHC:1259-DB
4. The District School Education Officer, Tura, West Garo Hills,
Meghalaya. ..... Respondents


Shri Abdul Wahab Miah, son of Late Afser Ali Munshi, R/o
Village-Garodubi, PO-Haripur, PS-Rajabala, West Garo Hills
District, Meghalaya. ..... Appellant
Vs.

1. The State of Meghalaya, represented by the Commissioner &
Secretary, Education Department, Government of Meghalaya,
Shillong.

2. The Director of Local Fund Audit, Meghalaya, Shillong.

3. The Director of School Education and Literacy, Meghalaya,
Shillong.

4. The District School Education Officer, Tura, West Garo Hills,
Meghalaya. ..... Respondents


Shri Rahim Ali, son of Late Tarifullah Dewani, R/o Village-New
Bhaitbari, PO-New Bhaitbari, PS-Rajabala, West Garo Hills
District, Meghalaya. ..... Appellant
Vs.

1. The State of Meghalaya, represented by the Commissioner &
Secretary, Education Department, Government of Meghalaya,
Shillong.

2. The Director of Local Fund Audit, Meghalaya, Shillong.

3. The Director of School Education and Literacy, Meghalaya,
Shillong.

4. The District School Education Officer, Tura, West Garo Hills,

Meghalaya. ..... Respondents






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2026:MLHC:1259-DB
Coram:
Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon’ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Appellants : Mr. S.K. Hassan, Adv with
Ms. M. Rahman, Adv

For the Respondents : Mr. N.D. Chullai, AAG with
Ms. R. Colney, GA


i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No

JUDGMENT: ( per the Hon’ble, the Chief Justice): (Oral)

Heard Mr. Hassan, learned counsel for the appellants and
Mr. N.D. Chullai, learned AAG in all the aforesaid appeals.

2. By the aforesaid appeals, the appellants have impugned the
th
order dated 10 July, 2026, only to the extent that it does not
grant any interest on the amount paid to the appellants.

3. A few facts as are necessary to consider the appeals are as
under;

4. All the appellants, except the appellant in WA No.38 of
2026 , were employed in different capacities in Bhaitbari Higher

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2026:MLHC:1259-DB
Secondary School, West Garo Hills i.e., either Assistant teacher,
Hindi teacher or as Chowkidar. As far as appellant in WA No.38
of 2026 is concerned, the appellant’s husband was appointed as
an Assistant teacher in Bhaitbari Higher Secondary School, West
Garo Hills. All the appellants hereinabove, including the
appellant’s husband in WA No.38 of 2026 , superannuated some
time in 2019-2020. It is not in dispute that the first instalment of
Death Cum Retirement Gratuity (DCRG) of ₹ 3.50 lakhs was
released to the employees as per the old DCRG scheme.

th
5. On 19 March, 2025, the Education Department,
Government of Meghalaya, conveyed the approval of the
Government for enhancement of the ceiling of DCRG to the staff
(teaching and non-teaching) of Deficit Secondary/Higher
Secondary School and Lower Primary and Upper Primary School
st
from ₹ 3.50 lakhs to ₹ 10,00,000 lakhs w.e.f. 1 January, 2017
onwards.

6. It appears that the employees i.e., the appellants and the
appellant’s husband in WA No.38 of 2026 , filed representations
before the respondent No.3, praying therein for release of the

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2026:MLHC:1259-DB
balance enhanced DCRG amount to them. Writ petitions were
filed by the aforesaid appellants in this Court before the learned
Single Judge with a prayer to release the balance enhanced
DCRG amount of ₹ 6.50 lakhs alongwith interest for the delayed
payment to the appellants.

th
7. On 28 January, 2026, during the pendency of the writ
petitions filed by the appellants, the respondent authorities
accorded sanction for payment of the DCRG to the
retired/deceased staff and as such, during the pendency of the
writ petitions, the respondent authorities released the balance
th
enhanced DCRG amount of ₹ 6.50 lakhs to the appellants on 27
February, 2026.

8. In view of the aforesaid, the learned Single Judge disposed
of the writ petitions filed by the appellants vide judgment and
th
order dated 10 July, 2026, since the appellants were paid the
enhanced amount from January, 2026, without any interest on
delayed payment of enhanced DCRG.


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2026:MLHC:1259-DB
9. The appellants are aggrieved only to the extent of non-grant
of interest on the delayed payment of enhanced DCRG.

th
10. It is a matter of record that on 19 March, 2025, the
Education Department, Government of Meghalaya, conveyed the
approval of the Government for enhancement of the ceiling of
DCRG to the staff (teaching and non-teaching) of deficit
Secondary/Higher Secondary School and Lower Primary and
Upper Primary School from ₹ 3.50 lakhs to ₹ 10,00,000 lakhs w.e.f.
st
1 January, 2017 onwards.

11. It is also a matter of record that pursuant to the sanction
conveyed by the Governor of Meghalaya, the Education
Department accorded sanction for payment of DCRG to the
retired/deceased staff of the existing deficit Secondary and Higher
th
Secondary schools on 28 January, 2026.

12. It is not in dispute that as soon as sanction was accorded
th
on 28 January, 2026 within one month thereof, the
retired/deceased staff i.e., the appellants were paid the enhanced
amount.

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2026:MLHC:1259-DB
13. The grievance of the learned counsel for the appellants in
all the aforesaid appeals is that the appellants are entitled for
interest from the time the approval was granted till sanction was
accorded. Learned counsel for the appellants relied on the
judgment of the Apex Court in D.D. Tewari (Dead) through
legal representatives v. Uttar Haryana Bijli Vitran Nigam
Limited & ors reported in (2014) 8 SCC 894 in support of his
submission.

14. We have perused the judgment. There can be no dispute
with respect to what is held therein. However, the proposition
agitated by the learned counsel for the appellants herein is not
covered by the said judgment and as such, it is clearly
distinguishable.

15. Payment of interest on delayed payment, if any, will have to
be considered from the date sanction is accorded. In the event,
there is any delay in making the payment, post according of
sanction, depending on the facts and circumstances or reasons
for delay, interest can be awarded. Interest cannot be given from
the date of approval of the policy till sanction is accorded. Once

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2026:MLHC:1259-DB
sanction is accorded, payment must be made expeditiously. If
payment is delayed depending on the number of months of delay,
the question of interest component would come into the picture.
In the facts, payment of ₹ 6,50,000/- was made within one month
of sanction being accorded. Hence, the facts in hand, do not
warrant grant of any interest during the period the approval till
sanction was accorded by the Government.

16. In view of the aforesaid, there is no merit in the appeals.
The appeals are accordingly dismissed.



(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice


Meghalaya
06.11.2026
“ Lam DR-PS”

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LAMPHRANG KHARCHANDY
Digitally signed by:
Signed On: 06-11-2026 18:08:41 IST
Verified