Dabla Boro vs The State Of Assam And 5 Ors
2021 Latest Caselaw 1243 Gua

                                                              Page No.# 1/3

GAHC010117362013




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

                       Case No. : WP(C)/3817/2013

         DABLA BORO,
         S/O LT. RAJEN BORO, VILL. CHUKRUNGBARI PATHAR, P.O.
         CHUKRUNGBARI VIA SORBHOG, P.S. GOBARDHANA, DIST- BAKSA, BTAD,
         ASSAM



         VERSUS

         THE STATE OF ASSAM and 5 ORS,
         REPRESENTED BY COMMISSIONER AND SPECIAL SECRETARY TO THE
         GOVT.OF ASSAM, P.W.D. , DISPUR, GHY-6

         2:THE UNDER SECRETARY TO THE GOVT.OF ASSAM
          PWD
         AUDIT BRANCH
          DISPUR
          GHY-6

         3:THE ACCOUNTANT GENERAL
         A and E
         ASSAM
          MAIDAMGAON
          BELTOLA
          GHY-29

         4:THE CHIEF ENGINEER
          PWD ROADS
         ASSAM
          CHANDMARI
          GUWAHATI

         5:THE EXECUTIVE ENGINEER
          PWD BARPETA RURAL ROADS DIVISION
                                                                                         Page No.# 2/3

             BARPETA
             P.O.and P.S. BARPETA
             DIST- BARPETA
             ASSAM

             6:THE ASSTT. EXECUTIVE ENGINEER
              PWD R
              SORBHOGH RURAL ROADS SUB DIVISION
              P.O.andP.S. SORBHOG
              DIST- BARPETA
             ASSAM

             7:THE SECRETARY
              FINANCE DEPARTMENT
             ASSAM
              DISPUR
             GUWAHATI-

Advocate for the Petitioner    : MR.K R PATGIRI

Advocate for the Respondent : SC, PWD

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

30-03-2021

The petitioner is represented by Mr. K.R. Patrigiri, learned counsel.

Ms. S. Sarma, learned Standing Counsel, PWD, appears on behalf of Respondent Nos.1, 2, 4, 5 and 6.

Mr. R. Dhar, learned counsel appears on behalf of Respondent No.3.

None appears on behalf of Respondent No.7, Finance Department.

Mr. Patgiri, learned counsel for the petitioner has submitted a copy of the judgment in W.A. No.45 of 2014 dated 8.6.2017 passed by a Division Bench of this Court.

Learned counsel for the petitioner has submitted that, in the instant case, the petitioner has sought for pensionary benefits with retrospective effect in respect of his late father. However, learned counsel for the petitioner himself has fairly submitted, referring to the Page No.# 3/3

aforesaid judgment, that pensionary benefits cannot be given retrospective effect. He has further submitted that the instant case is covered by the said judgment, and, therefore, the instant case needs to be disposed of accordingly.

Accordingly, this petition stands disposed of in light of the judgment dated 8.6.2017 passed in W.A No.45/2014, referred to above by way of dismissal.

JUDGE

Comparing Assistant