Gauhati High Court
Jadav Deka vs The State Of Assam And 5 Ors on 8 November, 2021
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GAHC010104942021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3891/2021
JADAV DEKA
S/O LATE RATAN DEKA, R/O VILL. GHOPA, P.S. SIPAJHAR, P.O.
BORDOLOGURI, DIST. DARRANG, ASSAM, PIN 784145
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, IRRIGATION DEPTT., DISPUR, GUWAHATI 6
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GUWAHATI 6
3:THE CHIEF ENGINEER
IRRIGATION DEPTT.
CHANDMARI
GUWAHATI 03
4:THE ACCOUNTANT GENERAL (A AND E)
ASAM
MAIDAMGAON
BELTOLA
GUWAHATI 29
5:THE EXECUTIVE ENGINEER
MANGALDAI DIVISION (IRRIGATION) DIST. DARRANG
ASSAM
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PIN 784125
6:THE TREASURY OFFICER
MANGALDAI TREASURY
DIST. DARRANG
ASSAM
PIN 78412
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HONOURABLE MR. JUSTICE KAKHETO SEMA
ORDER
Date : 08-11-2021
Heard Mr. K. R Patgiri, learned counsel appearing for the petitioner. Also
heard Mr. N. Upadhayay, learned Standing counsel appearing for respondents No.
1, 3 & 5, Mr. J.K Goswami, learned Addl. Sr. Government Advocate appearing for
respondent No.2 and Mr. A. Hassan, learned counsel appearing for respondent
No.4.
The case of the petitioner in brief is that he was appointed as Muster Roll
worker on 01.08.1988 under the Executive Engineer, Mangaldai Division (Irrigation),
Darrang, Assam. Thereafter, by the Office order dated 06.10.2005, the post of Muster
Roll worker held by the petitioner was regularized by creation of the post of Helper
"Grade-IV" w.e.f 22.07.2005. The petitioner retired from service on attaining the age
of superannuation on 31.10.2010.
It is case of the petitioner that he has served the department for a total period
of 21 years and 6 months. That after his retirement, the respondent No.5 i.e. the
Executive Engineer, Mangaldai Division (Irrigation), Darrang, Assam processed the
pension paper proposal and other benefits like leave encashment, salary etc. of the
petitioner and forwarded the same to the respondent No.4. The respondent No.4
however, returned the pension paper of the petitioner stating that pension is not
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admissible to the petitioner as he has not completed the minimum qualifying service
of 20 years after deducting 6 years of initial Muster Roll service. Subsequently, the
petitioner came to know of the Office Memorandum No. PPG(P)88/2009/2, dated
20.05.2009, issued by the Government of Assam, Pension & Public Grievances
Department, Dispur, Guwahati. The said Office Memorandum amongst other provided
that after regularization of service of the Muster Roll workers, the period of Muster
Roll Services beyond the initial period of 6(six) years of Muster Roll service shall
qualify for the purpose of pension and DCRG subject to the fulfillment of the following
conditions;
"..........................................................................
1. The period of Muster Roll Services of initial 6(six) yeas will be
deducted.
2. .......................
3. ................"
It is case of the petitioner that though he had served the Government of Assam
in the Office of Executive Engineer, Mangaldai Division (Irrigation), Mangaldai, for 21
years and 6(six) months he has been denied pensionary benefits in terms of the Office
Memorandum, dated 20.05.2009. The petitioner submitted that if from his overall
service period of 21 years and 6 months rendered in the department, the initial 6
years of service as Muster Roll is deducted he become ineligible for pensionary and
other post retiral benefits as the total length of the petitioner service will be reduce to
15 years and 6(six) months making the petitioner ineligible for 20 years of qualifying
service to claim the pension and the other retiral benefits.
The learned counsel for the petitioner has however, relied on the decision
passed by this Hon'ble Court in W.P.(C) No. 1089/2015, Sanjita Roy -versus- State
of Assam & Others and connected linked cases wherein this Hon'ble Court in
paragraph-31 has made the following findings;
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"31. In view of the above discussions and by taking into
consideration the various judicial pronouncements on the subject, the
writ petitions are disposed of directing the respondents authorities to
determine the continuous length of service of the petitioners as a Master
Roll Workers and if such service meets the bench mark of 20 years
without any deduction, the benefit of pension should be made available
to them. While carrying out said exercise, the respondents authorities are
also directed to take recourse Rule-67 for those petitioners who fail to
meet the bench mark of 20 years by 12 months or less."
The learned counsel for the petitioner therefore, submits that the case of the
present petitioner is squarely covered by Sanjita Roy case and the petitioner is
therefore, entitled to pensionary benefits as he has served for 21 years and 6 months.
Mr. N. Upadhayay, learned Standing counsel appearing for the respondents No.
1, 3 & 5 fairly submits that the case of the petitioner is covered by the case decided in
Sanjita Roy -versus- State of Assam & Others (supra).
After hearing the learned counsel appearing for the parties and after going
through the judgment & order passed by this Hon'ble Court in Sanjita Roy case more
particularly, the findings of the Hon'ble Court in paragraph-31 of the said judgment,
this Court find that the present case is covered by the decision in Sanjita Roy case.
Accordingly, the petitioner shall be entitled to receive the pension and other
retiral benefits like leave encashment, salary etc. The Government respondents are
directed to take steps to pay the pensionary benefits and other entitlements to the
petitioner within a period of 3(three) months from the date of receipt of a copy of this
order.
With the above direction, this writ petition stands disposed of. No order as to
cost.
JUDGE
Comparing Assistant
