Gauhati High Court
Putuli Kalita vs The State Of Assam And 5 Ors on 15 November, 2021
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GAHC010105942021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3821/2021
PUTULI KALITA
W/O LATE GOPAL KALITA
R/O VILL- BARBAIRAGI
P.S. AND P.O. PATACHARKUCHI
DIST. BAJALI (NOW), ASSAM, PIN-781325
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE CHIEF ENGINEER
IRRIGATION DEPARTMENT
CHANDMARI
GUWAHATI-03.
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-29.
5:THE EXECUTIVE ENGINEER
PATHSALA DIVISION (IRRIGATION)
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DIST. BAJALI (NOW)
ASSAM
PIN-781325
6:THE TREASURY OFFICER
PATHSALA TREASURY
DIST. BAJALI
ASSAM
PIN-78132
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
15-11-2021
Heard Ms. U. Hazarika, learned counsel for the petitioner. Also heard Shri ABT Hoque,
learned counsel appearing on instructions of Shri N. Upadhyay, learned Standing Counsel,
Irrigation. The AG is represented by Shri R. Mazumdar, the learned Standing Counsel.
Considering the subject matter and as also agreed to by the parties, the present writ
petition is taken up for disposal at the admission stage.
This Court is also apprised that the issue involved has already been answered by this
Court and based upon the earlier deliberation, the disposal can be made.
Bereft of the details, the basic facts of the case is that the husband of the petitioner
was serving as a Muster Roll Worker under the Executive Engineer, Pathsala Division
(Irrigation) and he had joined his service on 01.08.1985. Subsequently, his service was
regularized as "Night Chowkidar" with effect from 22.07.2005.
The husband of the petitioner had retired from service on attaining the age of
superannuation on 31.03.2006. Thereafter, though the husband had applied for the post
retirement benefits, the same was not paid to him on the ground that he had not completed
the 20 years of continuous service which is the qualifying period.
It is the case of the petitioner that on 14.06.2013, the husband of the petitioner had
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passed away.
The learned counsel for the petitioner has submitted that similar issue has been
decided by this Court in a bunch of writ petitions, the lead case being WP(C) No. 1089/2015
[Sanjita Roy vs. 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.
Further, 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 WP(C) 1089/2015 vide the
judgment dated 04.12.2018 is also granted to the petitioner.
It is made clear that the petitioner would be entitled to pension till 14.06.2013 i.e. the
date of the death of the husband of the petitioner and thereafter family pension be paid to
the petitioner who is the widow of the deceased employee.
The Writ Petition accordingly stands disposed of.
JUDGE
Comparing Assistant
