Monoranjan Debnath vs The State Of Assam And 3 Ors
2021 Latest Caselaw 3445 Gua

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GAHC010150182021




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

                                 Case No. : WP(C)/5385/2021

            MONORANJAN DEBNATH
            S/O- LT. NARANDRA CHANDRA DEBNATH, R/O- VILL- TARAPUR SHIVBARI
            ROAD, PRANKRISHNA LANE, P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN-
            788008



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            THROUGH THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES
            DEPTT., DISPUR, GHY-6

            2:THE CHIEF ENGINEER
            WATER RESOURCES DEPTT.
             CHANDMARI
             GHY-03
             GOVT. OF ASSAM

            3:THE EXECUTIVE ENGINEER
            WATER RESOURCE DEPTT.
             SILCHAR DIVISION-I
             SILCHAR
             GOVT. OF ASSAM

            4:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GHY-2

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : SC, WATER RESOURCE
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                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                            ORDER

13.12.2021

Heard Mr. L.R. Mazumder, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned counsel for the respondent nos. 1, 2 & 3. Mr. B. Chakravarty, learned counsel appears for the respondent no.4.

2. The petitioner's case is that he was engaged as Muster Roll worker on 01.01.1992 in the Office of the respondent no. 3 and his service was regularized w.e.f. 22.07.2005 vide Order dated 20.01.2006, issued by the Executive Engineer, Silchar W.R. Division The petitioner continued in service till his retirement on 30.04.2015.

3. 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.

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

5. In the case of Sanjita 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 Page No.# 3/3

regularization.

6. In the present case, the petitioner would have had over 20 years of service as Muster Roll, if there had been no deduction of his service of 6 years by the State respondents.

7. 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. Water Resource 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.

8. Writ petition is accordingly disposed of.

JUDGE

Comparing Assistant