Page No.# 1/3 vs Assam State Warehousing ...
2021 Latest Caselaw 1710 Gua

                                                                Page No.# 1/3

GAHC010105982021




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

                         Case No. : WP(C)/3403/2021

         DHARANIDHAR SARMA AND 2 ORS
         S/O. LT. MAHESWAR DEV SARMA, R/O. JAPORIGOG, BIKRAMPUR PATH,
         GUWAHATI-05, P.S. DISPUR, DIST. KAMRUP (M), ASSAM.

         2: GUNAJIT DAS
          S/O. LT. BAHADUR DAS
          R/O. NEW GUWAHATI TINIALI
          GANESH MANDIR PATH
          BY LANE NO.12 GUWAHATI-20
          P.S. NOONMATI
          DIST. KAMRUP (M)
         ASSAM.

         3: NAGENDRA NATH DAS
          S/O. LT. B. C. DAS
          R/O. MALIGAON BARIPARA
          P.S. JALUKBARI
          GUWAHATI-781012
          DIST. KAMRUP (M)
         ASSAM

         VERSUS

         ASSAM STATE WAREHOUSING CORPORATION (ASWC) AND 2 ORS.
         PANNYAGAR BHAWAN, AMRJYOTI PATH, CHRISTIANBASTI, GUWAHATI-
         05, TO BE REP. BY THE MANAGING DIRECTOR OF CORPORATION.

         2:THE MANAGING DIRECTOR ASSAM STATE WOREHOUSING
         CORPORATION (ASWC)
          PANNYAGAR BHAWAN
         AMARJYOTI PATH
          CHRISTIANBASTI
          GUWAHATI-05.
                                                                      Page No.# 2/3

            3:THE STATE OF ASSAM
            TO BE REP. BY THE COMM. AND SECY.
            TO THE GOVT. OF ASSAM
             DEPTT. OF CO-OPERATION
             GUWAHATI-781001

Advocate for the Petitioner   : MR. M H RAJBARBHUIYAN

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

27.07.2021

Heard Mr. M.H. Rajbarbhuiya, learned counsel for the petitioners. None appears on call for the respondent no.3 i.e. the State of Assam represented by Commissioner and Secretary, Department of Assam State Warehousing Corporation.

By filing this writ petition under Article 226 of the Constitution of India, the petitioners, who are retired employees of Assam Warehousing Corporation have projected that they had all retired on 31.07.2020. The learned counsel for the petitioners submits that as retired employees of the Corporation, the petitioners are not entitled to pensionary benefits. However, they are entitled to 300 days leave encashment, gratuity and arrear financial benefits payable w.e.f. 01.01.1996 to 31.03.1999. It is submitted that representation have been submitted before the authorities on 17.02.2020, 18.11.2020, 12.01.2021, 17.06.2021 but the grievance of the petitionerswas not redressed. The learned counsel for the petitioners has placed reliance on the judgment and order dated 23.06.2005 passed by this Court in WP(C) 3481/2000 and the judgment and Page No.# 3/3

order dated 09.08.2007 passed in WP(C) 5769/2006,wherein direction were issued to the respondentauthorities to pay the admissible dues of the petitioners within a period of 6 months.

Issue notice returnable on 06.09.2021.The respondents are also put to notice as to why the Court should not pass the order for payment of interest payable by nationalized commercial banks for not releasing the dues of the petitioners within due time.

The learned counsel for the petitioners shall take steps for service of notice on the respondent within 2(two) days by registered post with A/D.

Liberty is granted to the learned counsel for the petitionersto collect the postal receipt number from the Registry so as to track service through the postal website of India Post and to submit the track report before the Registry prior to the next date fixed.

In addition, liberty is also granted to the petitioners to serve notice through dasti by routing the process through the Registry of this Court and upon service, an affidavit of service may be filed prior to the next date of listing.

List the matter on 06.09.2021.

JUDGE

Comparing Assistant