Jyotsna Ray @ Jyotsna Roy vs The State Of Assam And 5 Ors
2021 Latest Caselaw 1412 Gua

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GAHC010067842021




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

                           Case No. : WP(C)/2637/2021

         JYOTSNA RAY @ JYOTSNA ROY
         W/O- LT. DEBEN CHANDRA ROY, R/O- VILL- SIALMARI, P.O. BIJNI, DIST.-
         CHIRANG, ASSAM, PIN- 783390



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER
         RESOURCES DEPTT., DISPUR, GHY-6

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT.
          DISPUR
          GHY-6

         3:THE CHIEF ENGINEER
         W.R. DEPTT.
          CHANDMARI
          GHY-03

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

         5:THE EXECUTIVE ENGINEER
         WATER RESOURCES DEPTT.
          LOWER ASSAM INVESTIGATION DIVISION
          BARPETA ROAD
          DIST.- BARPETA
         ASSAM
          PIN- 781315
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            6:THE TREASURY OFFICER
             BIJNI SUB TREASURY
             BIJNI
             DIST.- CHIRANG (ASSAM)
             PIN- 78339

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : SC, WATER RESOURCE




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 09.04.2021

Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned Govt. advocate for the respondent no.2, Ms. S. Chutia, learned standing counsel for the respondent nos. 1, 3 and 5, Ms. P. Devi, learned counsel for respondent no.4 and Mr. A. Chaliha, learned standing counsel for respondent no. 6.

The husband of the petitioner was initially appointed as Muster Roll worker in the office of respondent no. 5 on 01.05.1991 and his service was regularized as Grade-IV employee w.e.f. 22.07.2005 and he had superannuated on 30.06.2016 and thereafter, he died on 15.07.2019 and on denial of retirement benefits and pension in respect of her deceased husband, the petitioner had approached this Court.

This Court by virtue of judgment and order passed in the case of Sanjita Roy Vs. The State of Assam & Ors. (2019) 4 GLR 97, had already held the deduction of 6 years of service as Muster Roll is impermissible. Therefore, without deduction of 6 years, the husband of the petitioner would have rendered 25 years and 2 months of service, as such, the petitioner would be entitled to retirement benefits left by her husband as well as monthly family pension.

Accordingly, in terms of ratio laid down in case of Sanjita Roy (supra), this writ petition stands disposed of by directing the respondent authorities to work out the husband's Page No.# 3/3

retirement and petitioner's family pension benefits in favour of the petitioner and release the same within a period of 3(three) months from the date of receipt of certified copy of this order.

It is also clarified that if any terminal benefit has been paid to the petitioner, such payment may be adjusted at the time of finalization of the pension.

This writ petition stands allowed.

JUDGE

Comparing Assistant