Pabitra Borah vs The State Of Assam And 5 Ors
2021 Latest Caselaw 3229 Gua

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GAHC010139292021




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

                          Case No. : WP(C)/4675/2021

         PABITRA BORAH
         S/O- LT. MEMADHAR BARAH, R/O- VILL- ITAKHOLA, P.O. ITAKHOLA,
         DIST.- SONITPUR, ASSAM, PIN- 784182



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION
         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
          IRRIGATION DEPTT.
          2ND
          BLOCK-B
          KRISHNA NAGAR
          CHANDMARI
          GHY-03

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

         5:THE EXECUTIVE ENGINEER
          ITAKHOLA DIVISION (IRRIGATION) DEPTT.
         TEZPUR
          DIST.- SONITPUR
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             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 MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 01-12-2021

Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned counsel for the respondent Nos. 1, 3 & 5. Mr. S.K. Medhi, learned counsel appears for the respondent No. 4. Mr. J.K. Goswami, learned counsel appears for the respondent No. 2 and Mr. P. Nayak, learned counsel for the respondent No. 6.

The petitioner's case is that he was engaged as Muster Roll worker from 01.08.1991 in the Office of the respondent No. 5 and his service was regularized w.e.f. 22.07.2005 vide Order dated 22.08.2005, issued by the Commissioner & Secretary to the Govt. of Assam, Irrigation Department. The petitioner continued in service till his retirement on 30.04.2017.

The petitioner's counsel submits that the petitioner's prayer for grant of pension was rejected by the respondent No. 4 on the ground that the petitioner did not have the qualifying 20 years of service, after deduction of 6 years of Muster Roll service. The petitioner's counsel submits that the State respondents will have to count the total period of service of the petitioner without deducting any period of service in terms of the judgment of this Court in Sanjita Roy vs. State of Assam, reported in 2019 (2) GLT 805.

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The learned counsels for the respondent fairly submit that the present case is covered by Sangita Roy (supra).

In the case of Sangita Roy (supra), this Court had held that the State Government will have to count the total years of service of a Muster Roll employee for grant of pension, without deducting any period of service, whether prior to regularization or after regularization.

In the present case, the petitioner would have had 25 years 9 months of service as Muster Roll, if there had been no deduction of his service of 6 years by the State respondents.

In view of the above reasons, the State respondents are directed to determine and verify whether the petitioner has continuously served as a Muster Roll worker for 20 years and if it is found that the petitioner has served as Muster Roll for 20 years, without deduction of any service period, the petitioner should be granted pension. Any terminal gratuity paid earlier shall be adjusted against the pension to be paid to the petitioner. Irrigation Department will complete the proposal for payment of pension to the petitioner within a period of 2 months and send the same to the Office of the Accountant General. The Office of the Accountant General shall disburse the said pension within a period of 1 month thereafter. The entire exercise shall be completed within a period of 3 months from the date of receipt of a certified copy of this Order.

Writ petition is accordingly disposed of.

JUDGE

Comparing Assistant