Rohan Singh vs The State Of Assam And 6 Ors
2021 Latest Caselaw 579 Gua

                                                                  Page No.# 1/4

GAHC010025892021




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

                           Case No. : WP(C)/996/2021

         ROHAN SINGH
         S/O LATE JAGAN SINGH, R/O VILL. NA MILE DOOMPATHAR, P.O. KUNDIL,
         P.S. NA SADIA, DIST. TINSUKIA, ASSAM, PIN 786158



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, HANDLOOM TEXTILE AND SERICULTURE DEPTT., DISPUR,
         GUWAHATI 6

         2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

          PENSION AND PUBLIC GRIEVANCES DEPTT.
          DISPUR
          GUWAHATI 6

         3:THE DIRECTOR

          SERICULTURE
          ASSAM
          GHY 22

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

         5:THE ASSTT. DIRECTOR OF SERICULTURE

          TINSUKIA
          DIST. TINSUKIA
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             ASSAM
             PIN 786125

            6:THE SUPERINTENDENT OF SERICULTURE

             SADIYA
             CHAPAKHOWA
             DIST .TINSUKIA
             ASSAM
             PIN 786157

            7:THE TREASURY OFFICER

             CHAPAKHOWA TREASURY
             DIST. TINSUKIA
             ASSAM
             PIN 78615

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                           ORDER

Date : 19-02-2021

Heard Ms. P. Chakraborty, learned counsel for the petitioner. Mr. I. Jamir, learned counsel

appears on behalf of Mr. R. Dhar, learned counsel for the respondent Nos. 1, 3, 5 & 6, Mr. N.

Goswami, learned State Counsel appears for the respondent No. 2, Mr. K. Hasan, appears for

the respondent No. 4 while Mr. R. Borpujari, learned counsel appears for the respondent No.

7.

Ms. P. Chakraborty, learned counsel for the petitioner submits that non-finalization of

pensionary benefits entitled to the petitioner has prompted the petitioner to file the instant

writ petition. The petitioner was serving as a Muster Roll worker in the Handloom, Textiles Page No.# 3/4

and Sericulture Department, Govt. of Assam since 01.04.1991. He was regularized in service

as Grade-IV employee w.e.f 22.07.2005 till he retired from service on attaining the age of

superannuation on 28.02.2012. On his retirement, the only benefit that was given to him was

Death Cum Retirement Gratuity. At the outset, attention of this Court has been drawn to the

Judgment & Order dated 04.12.2018 rendered by a Co-Ordinate Bench of this Court in WP(C)

No. 1089/2015 (Sanjita Roy -vs- State of Assam and 4 Others) wherein, it has been held that

the deduction of six (6) years of service for calculating pension in respect of casual

employees will be impermissible. The learned counsel for the petitioners submits that such

being the case, the petitioner clearly is entitled to minimum pensionable service of 20 years

and therefore, the petitioner is entitled to pensionary benefits.

It is also noticed that the petitioner has not approach the respondent department by way

of a representation. As such, this Court proposes to dispose of the writ petition at the motion

stage itself by directing the petitioner to submit a representation and that the respondent

authority concerned should act upon the representation in the light of the Judgment of this

Court as referred to herein above.

In view of above, the petitioner shall submit appropriate representation to the

respondent No. 1 through the respondent No. 5 within a period of ten (10) days from today.

The respondent No. 5 upon receipt of the representation shall forward the same to the

respondent No. 1 without delay and the respondent No. 1 shall verify and examine the claim

in the light of the Judgment rendered in Sanjita Roy (supra) within a period of six (6) weeks

from the date of receipt of the representation. In the event, the respondent No. 1 finds that

the petitioners case to be covered by the above cited case, he shall forthwith forward all

necessary papers to the respondent No. 4 i.e., Accountant General (A&E), Assam, and who in Page No.# 4/4

turn shall then process the pension and entitlements of the petitioner without delay and

preferably within a period of six (6) weeks and the petitioner be released his entitlements

without delay.

With the above observations and directions, the writ petition stands disposed of.

JUDGE

Comparing Assistant