Hema Nath vs The State Of Assam And 5 Ors

Citation : 2022 Latest Caselaw 330 Gua
Judgement Date : 1 February, 2022

Gauhati High Court
Hema Nath vs The State Of Assam And 5 Ors on 1 February, 2022
                                                                  Page No.# 1/3

GAHC010011262022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/558/2022

         HEMA NATH
         S/O LATE LILA KANTA NATH, R/O VILL- BAMUNBARI, P.O.-SOLAGURI,
         DIST- SONITPUR, ASSAM, PIN-784180



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          2ND
          BLOCK-B
          KRISHNA NAGAR
          CHANDMARI
          GUWAHATI-03

         4:THE ACCOUNTANT GENERAL (A AND E)
          MAIDAMGAON
          BELTOLA
          GUWAHATI-29

         5:THE EXECUTIVE ENGINEER
          ITAKHOLA DIVISION (IRRIGATION) DEPARTMENT
         TEZPUR
          DIST- SONITPUR
                                                                                       Page No.# 2/3

             ASSAM
             PIN-784001

            6:THE TREASURY OFFICER
            TEZPUR
             DIST-SONITPUR
            ASSAM
             PIN-78400

Advocate for the Petitioner     : MR. K R PATGIRI

Advocate for the Respondent : SC, IRRIGATION




                                       BEFORE
                          HONOURABLE MR. JUSTICE SUMAN SHYAM

                                              ORDER

01.02.2022 Heard Ms. U. Hazarika, learned counsel for the petitioner. The writ petitioner herein is claiming pensionary benefits on the ground that he has served the department as a Muster Roll worker for more than 20 years..

According to Ms. Hazarika, the petitioner's case is covered by the judgment of this Court rendered in Sanjita Roy vs. State of Assam and others, reported in 2019 (2) GLT 805.

Ms. D. S. Neog, learned Standing Counsel, Irrigation Department, Assam, prays for some time to obtain instruction.

Issue notice of motion returnable in four weeks. Since Ms. D. S. Neog, learned Standing Counsel, Irrigation Department, has entered appearance and accepted notice on behalf of respondent Nos.1, 3 and 5, Mr. J. K. Parajuli, learned Govt. Advocate, Assam has accepted notice on behalf of respondent No.2, Mr. A. Hasan, learned counsel, has accepted Page No.# 3/3 notice on behalf of respondent No.4 and Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam has accepted notice on behalf of respondent No.6, service of notice is deemed to be complete in this case. Extra copies be furnished to the learned departmental counsel, requisite in numbers, within a week from today so as to enable them to obtain instruction facilitating disposal of the writ petition on the returnable date.

JUDGE Comparing Assistant