Gauhati High Court
Damanyanti Das vs The State Of Assam And 3 Ors on 1 December, 2021
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GAHC010123542021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3939/2021
DAMANYANTI DAS
W/O LATE MONI RAM DAS
VILLAGE CHENIMARA, PO BIHAPARA, PS TAMULPUR, DIST BAKSA,
ASSAM 781367
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR GUWAHATI 781006
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR GUWAHATI 06
3:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E) ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI 29
4:THE EXECUTIVE ENGINEER
GUWAHATI WEST
W AND R DIVISION
WATER RESOURCE DEPARTMENT
GUWAHATI
Advocate for the Petitioner : MR. D BHUYAN
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
01.12.2021
Heard Mr. D Bhuyan, learned counsel for the petitioner as well as Ms. S
Chutia, learned standing counsel for the Water Resource Department and Mr. JK
Goswami, learned counsel for the respondent No.2.
2. The petitioner's case is that the petitioner's husband was engaged as a
Muster Roll Worker on 01.11.1991 in the Office of the Executive Engineer,
Rangia E & D Sub-Division, Rangia. The service of the petitioner's husband was
regularized on 26.10.2005 and he died in harness on 30.03.2017.
3. After the death of the petitioner's husband, the petitioner has been given
the family pension and all other pensionery benefits except DCRG, which has
been withheld as the qualifying service of the deceased was less than 20 years,
after deduction of the initial six years of service period as a Muster Roll Worker.
4. The petitioner's counsel submits that the entire service period of the
petitioner's husband as Muster Roll Worker would have to be considered, for the
purpose of granting DCRG in terms of the judgment passed by this Court in
Sanjita Roy and Others Vs. State of Assam and Others, reported in 2019 (2) GLT
805.
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5. The counsels for the respondents fairly submit that the present case is
covered by the judgment of this Court in Sanjita Roy(supra).
6. The petitioner's husband having been allegedly engaged on 01.11.1991
and having died in harness on 30.03.2017, the entire period of service of the
petitioner's husband as Muster Roll Worker would be 25 years and 5 months.
7. As this Court in the case of Sanjita Roy (supra) has held that the entire
service period of a Muster Roll Worker has to be counted with no deduction of
service period, the petitioner's entire period of service would have to be counted
by the respondents for the purpose of granting the benefits of DCRG.
8. In view of the above, the respondent authorities are directed to determine
and verify the continuous length of service of the petitioner's husband as Muster
Roll Worker, without any deduction being made with regard to his service period
as Muster Roll Worker. If such service period of the petitioner's husband meets
the bench mark of 20 years, the benefit of granting DCRG should be made
available to the petitioner.
9. The entire exercise should be completed by the Water Resource
Department within a period of two months from the date of receipt of a certified
copy of this order and then send the proposal for disbursement of the DCRG to
the respondent No.3. The respondent No.3 shall disburse the said amount
within a further period of four weeks thereafter.
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10. Writ petition is, accordingly, disposed of.
JUDGE
Comparing Assistant
