Gauhati High Court
Sri Atul Chandra Das vs The State Of Assam And 3 Ors on 22 November, 2021
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GAHC010189742021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6141/2021
SRI ATUL CHANDRA DAS
S/O LATE HORGILAS DAS, RESIDENT OF NEGHERATING GAON, PO
NEGHERATING GAON, PS DERGAON, DIST GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY (E) TO THE GOVT. OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR GUWAHATI 781006
2:THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GUWAHATI 781003
3:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI 781036
4:THE EXECUTIVE ENGINEER
JORHAT (IRRIGATION) DIVISION
ASSA
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : SC, IRRIGATION
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
22.11.2021
Heard Mr. H Das, learned counsel for the petitioner who submits that the
petitioner was engaged as a Night Chowkidar on Muster Roll basis vide order
dated 01.12.1991 in the Office of the respondent No.4. The petitioner's service
was regularized w.e.f. 22.07.2005. The petitioner retired from service on
28.02.2015 and submitted his pension papers. However, the petitioner was
denied pension on the ground that his total qualifying service, after deduction of
the initial six years of service as a Muster Roll Worker, came to only 17 years
and 3 months.
2. The petitioner's counsel submits that the present case is a covered case in
terms of the Judgment and Order dated 04.12.2018 passed in the case of
Sanjita Roy and Others Vs. State of Assam and Ors passed in
WP(C)No.1089/2015. He submits that as per the Judgment in Sanjita Roy
(supra), the entire service period of the petitioner as a Muster Roll Worker has
to be counted to see whether the Muster Roll Worker has completed 20 years of
service. He, accordingly, submits that had there been no deduction of the initial
six years of service from the petitioner's entire service period as Muster Roll
Worker, the petitioner would have completed 23 years 3 months at the time of
his retirement.
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3. The counsel for the petitioner submits that a direction should be issued to
the respondent authorities to verify whether the petitioner have the bench mark
of 20 years of service without deducting any years of service as Muster Roll
Worker, to enable him to receive pension.
4. Mr. N Upadhyay, learned counsel for the respondent Nos.1, 2 and 4 and Mr.
R Mazumdar, learned counsel for the respondent No.4 fairly submit that the
present case is covered by the Judgment and Order of this Court in Sanjita Roy
(supra).
5. In view of the submissions made by the learned counsel for the parties and
keeping in view the judgment and order dated 04.12.2018 rendered in Sanjita
Roy and Others Vs. State of Assam and Ors WP(C)No.1089/2015, the
respondent authorities are directed to determine the continuous length of
service rendered by the petitioner as Muster Roll Worker, without any deduction
of his service period as Muster Roll Worker and if such service period meets the
bench mark of 20 years, the benefit of pension be made available to the
petitioner.
6. The computation of 20 years will include the entire service period rendered
by the petitioner as Muster Roll worker, i.e., prior to regularization and after
regularization of the petitioner's service. Further in terms of the Division Bench
judgment of this Court in WA No.18/2021 (Binapani Das Vs. State of Assam and
Ors.) decided vide order dated 26.02.2021, the petitioner's pension will have to
be paid from the date he retired on superannuation from service.
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7. The exercise should be completed within a period of three months from the
date of receipt of a certified copy of this order.
8. The terminal gratuity already paid to the petitioner shall be adjusted from
the pension payable to the petitioner, if any.
9. The writ petition, accordingly, stands disposed of.
JUDGE
Comparing Assistant
