Gauhati High Court
Biswanath Basumatary vs The State Of Assam And 6 Ors on 18 February, 2021
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GAHC010051272020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1669/2020
BISWANATH BASUMATARY
S/O- LT. GAISING BASUMATARY, R/O- VILL- HALDIBARI, P.O. HALTUGAON
TINIALI, DIST.- KOKRAJHAR, BTC, ASSAM, PIN- 783370
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HANDLOOM
TEXTILES AND SERICULTURE DEPTT., DISPUR, GHY-6
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-6
3:THE DIRECTOR OF SERICULTURE
ASSAM
KHANAPARA
GHY-22
4:THE ACCOUNTANT GENERAL (A AND E)
MAIDAMGAON
BELTOLA
GHY-29
5:THE BODOLAND TERRITORIAL COUNCIL
REP. BY THE SECY.
SERICULTURE DEPTT.
BODOFANAGAR
KOKRAJHAR
DIST.- KOKRAJHAR
BTAD
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ASSAM
PIN- 783370
6:THE ASSTT. DIRECTOR OF SERICULTURE
KOKRAJHAR
DIST.- KOKRAJHAR
BTAD
ASSAM
PIN- 783370
7:THE TREASURY OFFICER
KOKRAJHAR TREASURY
DIST.- KOKRAJHAR BTAD
ASSAM
PIN- 78337
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
18.02.2021
Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing
Counsel, Handloom, Textile & Sericulture Department for respondent nos. 1 and 3; Mr. M.R. Adhikary,
learned Additional Senior Government Advocate for respondent no. 2; Mr. C. Baruah, learned Standing
Counsel, Accountant General (A&E), Assam for respondent no. 4; Ms. R.B. Borah, learned Standing
Counsel, BTC for respondent nos. 5 and 6; and Mr. R. Borpujari, learned Standing Counsel, Finance
Department for respondent no. 7.
2. Considering the nature of the case, this Court is of the view that the present petition can be
disposed of at this stage in view of the submissions made by the learned counsel for the parties.
3. The case, as projected by the petitioner in the writ petition, is that the petitioner was initially
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appointed as a Muster Roll Worker in the office of the Assistant Director of Sericulture, Kokrajhar,
Assam on 01.09.1991. The services of the petitioner came to be regularized w.e.f. 22.07.2005 after
creation of 1081 nos. of Grade IV posts (Muster Roll) by the Government in the Handloom, Textile &
Sericulture Department vide a letter dated 05.10.2005. In the said letter dated 05.10.2005, a list of
1081 nos. of Muster Roll Workers who were engaged prior to 01.04.1993 and were still working in the
establishments under the Handloom, Textile & Sericulture Department without any interruption or
break in service was annexed. In the said list, the name of the petitioner figured at serial No. 40
showing his date of engagement as 01.09.1991 and the date of retirement as 31.01.2013. After his
service was regularized, the petitioner continued his service till he retired on 31.01.2013 on reaching
the age of superannuation. After his retirement, his pension papers were forwarded by the
department to the office of the Accountant General (A&E), Assam. The office of the Accountant
General (A&E), Assam vide its communication dated 18.05.2018 had intimated the Government in the
Handloom, Textile & Sericulture Department that pension would not be admissible to the petitioner as
the qualifying service of the petitioner was 15 years 3 months 30 days and a temporary Government
Servant with less than 20 years of service at the time of retirement would not be eligible for any
pension and gratuity except terminal gratuity. An amount of Rs. 96,105/- was, thereby, released in
favour of the petitioner as terminal gratuity.
4. It is the further case of the petitioner that a period of 6 years of initial engagement w.e.f.
01.09.1991 was deducted on the basis of an Office Memorandum dated 20.05.2009 while counting his
qualifying service and as a result of such deduction of 6 years, his net qualifying service got counted
as 15 years 3 months 30 days. According to the petitioner, the decision to deduct the 6 years of initial
engagement contained in the Office Memorandum dated 20.05.2009 was considered in the writ
petition, W.P.(C) no. 1089/2015 [Sanjita Roy vs. the State of Assam and others] and similar other writ
petitions. By a judgment and order dated 04.12.2018, this Court has held that the said deduction of 6
years of initial engagement period is impermissible. In the aforesaid fact situation, the petitioner has
contended that his pension proposal ought to have been considered without deduction of the initial
engagement period of 6 years. It is admitted by the petitioner that an amount has been received by
him towards terminal gratuity.
5. Learned counsel for the parties have, in unison, submitted that there is no dispute to the
position that the deduction of 6 years of initial engagement has been held to be impermissible by the
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judgment and order dated 04.12.2018 passed in the writ petition, W.P.(C) no. 1089/2015 [Sanjita Roy
vs. the State of Assam and others] and similar other writ petitions and the same is holding the field as
on date. If the period of 6 years of initial engagement in respect of the petitioner is counted towards
the period of qualifying service, then the qualifying service of the petitioner would be more than 20
years.
6. As has been noted above and in view of the common submissions, there is no dispute to the
fact that in the writ petition, W.P.(C) no. 1089/2015 [Sanjita Roy vs. the State of Assam and others]
and similar other writ petitions, decided together on 04.12.2018, the said deduction of 6 years of
initial engagement has been held impermissible by this Court.
7. Accordingly, this petition is disposed of with the direction to the respondent authorities to work
out the pensionary benefits without deduction of 6 years of initial engagement period in respect of the
petitioner and finalise and release the same, within a period of 3 (three) months from the date of
receipt of a certified copy of this order.
8. It is also made clear that since the said order was passed by this Court on 04.12.2018 in W.P.
(C) no. 1089/2015, the pensionary benefit will be granted from the date of 04.12.2018 as have been
done in the said similar cases. If any terminal benefit had been granted to the petitioner in the
meantime, it may be adjusted at the time of finalization of the pension.
JUDGE
Comparing Assistant
