Gauhati High Court
Ajit Ch. Dutta vs The State Of Assam And 4 Ors on 19 April, 2021
Page No.# 1/4
GAHC010102562020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3520/2020
AJIT CH. DUTTA
S/O- LT. DULESWAR DUTTA, R/O- VILL- DIHINGIA KALITA GAON, P.O.
TEOK, PIN- 785112, DIST.- JORHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REP. BY THE SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT.,
DISPUR, GHY-6
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-06
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-6
4:THE EXECUTIVE ENGINEER
UPPER ASSAM DRILLING DIVISION (IRRIGATION) JORHAT
DIST.- JORHAT
ASSAM PIN- 785001
5:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GHY-2
Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent : SC, FINANCE
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 19-04-2021
Heard Mr. H. Talukdar, learned counsel for the petitioner.
Also heard Mr. N. Upadhyaya, learned standing counsel, Irrigation Department, Government of
Assam, representing respondents No. 1 & 4, Mr. P. Nayak, learned standing counsel, Finance
Department, Government of Assam, representing respondent No. 2, and Mr. N. Goswami, learned
counsel, representing respondent No. 3.
This writ petition under Article 226 of the Constitution of India, is directed against the
Corrigendum, dated 30.01.2020, issued by the Senior Accounts Officer in the office of the Accountant
General(A&E), Assam, Beltola, vide Memo. No. Pen-7/C/A-064419/IRRI/250/2019-20/4296, whereby
the petitioner's date of commencement of pension was treated as 04.12.2018 instead of 01.06.2017.
The writ petitioner, herein, who had worked as Muster Roll Worker in the Irrigation
Department, Government of Assam, for almost 25 years, had retired from service on attaining the age
of superannuation on 01.06.2017.
In WP(c)1089/2015 along with series of analogous writ petitions, this Court, vide judgment &
order, dated 04.12.2018, had directed the Government to pay pensionery benefits to the Muster Roll
Workers who had rendered more than 20 years of service without deducting initial 6 years of service
rendered as Muster Roll Workers.
Despite the existence of the aforesaid judgment & order passed by this Court; as the
Government did not pay the petitioner, the pension, in terms of the judgment & order, dated
04.12.2018, passed in WP(c)1089/2015, the petitioner had to approach this Court by filing a writ
petition being WP(c)378/2019 which was disposed of by this Court vide judgment & order, dated
23.01.2019, whereby the respondent authorities were directed to pay the petitioner, the pension in
pursuance of this Court's order, dated 04.12.2018, passed in WP(c)1089/2015.
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Pursuant thereto, the respondent authorities had sanctioned the pension to be paid to the
petitioner vide order, dated 22.01.2020, issued by the Senior Accounts Officer in the office of the
Accountant General(A&E), Assam, Beltola, vide Memo. No. PR-7/IRG/1/064419/2019/D/4112, from
the date of his retirement.
However, by the impugned Corrigendum, dated 30.01.2020, issued by the Senior Accounts
Officer in the office of the Accountant General(A&E), Assam, Beltola, vide Memo. No. Pen-7/C/A-
064419/IRRI/250/2019-20/4296; the respondent authorities had ordered that the date of
commencement of the pension of the petitioner, be taken as 04.12.2018, which is the date of
judgment & order passed by this Court in WP(c)1089/2015, instead of 01.06.2017, which is the date
of retirement of the petitioner.
Though no reference has been made in the impugned Corrigendum, dated 30.01.2020, that
the same has been issued in pursuance of this Court's judgment & order, dated 21.06.2019, passed in
WP(c)4027/2019, it appears that the impugned Corrigendum was issued in pursuance of the order,
dated 21.06.2019, passed in WP(c)4027/2019, wherein, the judgment & order, dated 04.12.2018,
passed in WP(c)1089/2015, had been interpreted, to mean that the pensionery benefits shall be
granted with effect from 04.12.2018 which is the date, the judgment & order was passed by this
Court in WP(c)1089/2015.
Mr. Talukdar, learned counsel for the petitioner, has produced before this Court, a copy of the
order passed by the Division Bench of this Court in W.A. 18/2021 wherein, the judgment & order,
dated 21.06.2019, passed by this Court in WP(c)4027/2019, holding that the pensionery benefits
indicated in the judgment & order passed in WP(c)1089/2015, to be prospective in nature; has been
set aside and further, it has been held that the judgment & order, dated 04.12.2018, passed in
WP(c)1089/2015, was retrospective in nature and therefore, it will include all similarly situated Muster
Roll Workers irrespective of the dates of their retirement provided that they are covered by the
benefits given to them earlier and were already availing pension.
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In view of the order passed by this Court in W.A. 18/2021 holding that the judgment & order,
dated 04.12.2018, passed in WP(c)1089/2015, to be retrospective in nature; the impugned
Corrigendum, dated 30.01.2020, issued by the Senior Accounts Officer in the office of the Accountant
General(A&E), Assam, Beltola, vide Memo. No. Pen-7/C/A-064419/IRRI/250/2019-20/4296, which
treats the commencement of the pension of the petitioner with effect from 04.12.2018 instead of
01.06.2017, which is the date of retirement of the petitioner on attaining the age of superannuation,
is liable to be set aside and quashed and the same is accordingly, hereby, set aside and quashed.
Consequently, the date of commencement of the pension of the petitioner be, henceforth,
treated on and from 01.06.2017 which is the date of retirement of the petitioner on attaining the age
of superannuation instead of 04.12.2018 which is the date, the judgment & order was passed by this
Court in WP(c)1089/2015.
The writ petition stands disposed of in terms above.
JUDGE
Comparing Assistant
