Gauhati High Court
Akon Dutta vs The State Of Assam And 5 Ors on 8 November, 2021
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GAHC010181612021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5843/2021
AKON DUTTA
S/O- LT. RAMNATH DUTTA, R/O- VILL- PATIAGAON, P.O. PATIAGAON, P.S.
JORHAT, DIST.- JORHAT, ASSAM, PIN- 785101
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION
DEPTT., DISPUR, GHY-6
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-6
3:THE CHIEF ENGINEER
IRRIGATION DEPTT.
2ND
BLOCK-B
KRISHNA NAGAR
CHANDMARI
GHY-03
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GHY-29
5:THE EXECUTIVE ENGINEER
JORHAT DIVISION (IRRIGATION) DEPTT.
JORHAT
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ASSAM
PIN- 785001
6:THE TREASURY OFFICER
JORHAT
DIST.- JORHAT
ASSAM
PIN- 78500
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
09-11-2021
Heard Shri K.R. Patgiri, learned counsel for the petitioner. Also heard Shri N. Upadhyay,
learned Standing Counsel, Irrigation Department for the respondent nos. 1, 3 & 5, Shri D.
Bora, learned counsel for the respondent no. 2, Shri R. Mazumdar, learned Standing Counsel,
Accountant General for respondent no. 4 and Shri R. Borpujari, learned counsel for
respondent no. 6.
Considering the subject matter and as also agreed to by the parties, the writ petition is
taken up for disposal at the motion stage.
The instant petition has been filed praying for a direction for release of the pension
and other benefits of the petitioner. The petitioner was serving as a Muster Roll worker under
the Executive Engineer, Jorhat Division (Irrigation) in the district of Jorhat which he had
joined on 01.11.1992. Subsequently, on 22.07.2005, the aforesaid post was regularized as
Grade IV. The petitioner had retired on attaining the age of superannuation on 31.12.2016.
However, the pension and other post retirement benefits was not paid on the ground that he
had not completed the 20 years of continuous service which is the qualifying period.
Shri Patgiri, the learned counsel for the petitioner submits that only the terminal
gratuity has been sanctioned in the meantime.
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The learned counsel has drawn the attention of this Court to a judgment dated
04.12.2018 passed by this Court in a bunch of writ petitions, including WP(C) 1089/2015
[Sanjita Roy v. State of Assam and Others, 2009 (2) GLT 805 ] whereby this Court has
held that while calculating the 20 years of qualifying service, there should not be any
deduction.
Shri N. Upadhyay, the learned Standing Counsel, Irrigation has fairly submitted that the
Hon'ble Division Bench vide order dated 26.02.2021 has further explained that the benefits
would be from the date of their superannuation and not from the judgment as this was issue
in another connected case namely WA 18/2021 [ Binapani Das vs. State of Assam &
Ors.]
Considering the above, the present writ petition is disposed of by directing that the
benefits granted to the petitioners in the bunch of cases including 1089/2015 vide the
judgment dated 04.12.2018 is also granted to the petitioner. The benefit is to be given from
the date of attaining superannuation as per the judgment of the Hon'ble Division Bench.
The writ petition accordingly stands disposed of.
JUDGE
Comparing Assistant
