Gauhati High Court
Upen Engti vs The State Of Assam And 4 Ors on 10 December, 2021
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GAHC010205072021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6629/2021
UPEN ENGTI
S/O LATE BHOLA ENGTI,
RESIDENT OF VILLAGE DHARAMTUL,PO RAJAPATHAR, DIST KARBI
ANGLONG, ASSAM, 782481
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM,PUBLIC WORKS ROAD DEPARTMENT, DISPUR,
GUWAHATI 06
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI 06
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI 06
4:THE EXECUTIVE ENGINEER
P.W.D
BAKULIA ROAD DIVISION
BAKALIA
782460
5:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E)
MAIDAMGAON
BELTOLA
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GUWAHATI 2
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
10.12.2021
Heard Mr. H. Talukdar, learned counsel for the petitioner, who submits
that the petitioner was engaged as Muster Roll employee on 15.05.1985 in the
Office of the respondent No. 4. The petitioner's service was regularized w.e.f.
22.07.2005 vide order dated 30.09.2005. The petitioner retired from service on
31.03.2008. The petitioner thereafter submitted his pension papers. However,
pension was denied on the ground that the petitioner had not completed 20
years of service, after deducting the initial 6 years of service as a Muster Roll
worker.
2. The petitioner's counsel submits that the present case is a covered case
in terms of the judgment passed by this Court in Sanjita Roy & Ors. v. State
of Assam & Ors., 2019 (2) GLT 805. He submits that in terms of Sanjita
Roy & Ors. (supra), the entire service period of the petitioner as a Muster Roll
worker has to be counted, to determine whether the Muster Roll worker
completed 20 years of continuous service. If 20 years of continuous service as a
Muster Roll worker had been completed, without deduction of any period of
service as a Muster Roll worker, pension should be granted to the petitioner.
3. Mr. P. Nayak, learned counsel appearing for the respondent Nos. 1 & 4,
Mr. B. Gogoi, learned counsel appearing for the respondent No. 2, Mr. R.
Ahmed, learned counsel appearing for the respondent No. 5 and Mr. D. Borah,
learned counsel appearing for the respondent No. 3 fairly submit that the
present case is covered by the judgment of this Court in Sanjita Roy & Ors.
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(supra).
4. In view of the submissions made by the learned counsel for the parties
and keeping in view the judgment passed in Sanjita Roy & Ors. (supra), the
respondent authorities are directed to determine the continuous length of
service of the petitioner as a Muster Roll worker, without deduction any of his
service period as a Muster Roll worker. If such service period meets the bench
mark of 20 years, the benefit of pension and other pensionary benefits should
be made available to the petitioner. If the petitioner is found to be eligible for
pension, the same should be paid from the date of his retirement in terms of
the judgment of the Division Bench of this Court in W.A 18/2021, which was
disposed of vide Judgment dated 26.02.2021. The entire exercise should be
completed within a period of 3 months from the date of receipt of a certified
copy of this Order. The terminal gratuity paid to the petitioner, shall be adjusted
from the pension payable to the petitioner, if any.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
