Srimanta Kumar Das vs The State Of Assam And 3 Ors
2021 Latest Caselaw 3079 Gua

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GAHC010136012021




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

                                 Case No. : WP(C)/4422/2021

            SRIMANTA KUMAR DAS
            S/O LATE BASANTA KR. DAS
            RESIDENT OF VILLAGE PADUMBARI,PO GOTANAGAR, GUWAHATI 781033,
            KAMRUP (M) ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REPRESENTED BY THE COMMISSIONER AND SECRETARY, INLAND
            WATER TRANSPORT DEPARTMENT, GOVT. OF ASSAM, DISPUR GUWAHATI,
            781006,KAMRUP(M) ASSAM

            2:THE DIRECTOR

            INLAND WATER TRANSPORT ASSAM
            ULUBARI
            GUWAHATI 781007

            3:THE EXECUTIVE ENGINEER

            INLAND WATER TRANSPORT ASSAM
            ULUBARI
            GUWAHATI 781007

            4:THE ACCOUNTANT GENERAL ( A AND E)
             MAIDAMGAON
             BELTOLA
             GUWAHATI 78102

Advocate for the Petitioner   : MR. Y S MANNAN

Advocate for the Respondent : SC. I.W.T.
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                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

24.11.2021 Heard Shri Y.S. Mannan, learned counsel for the petitioner. Also heard Ms. M.D. Borah, learned Standing Counsel, Transport Department for the respondent Nos. 1, 2 & 3 whereas the AG, Assam for the respondent No. 4 is represented by Shri Rupak Dhar.

2 Considering the subject matter and the broad consensus arrived at the bar, the matter is taken up for disposal at the admission stage.

3. This Court has been apprised of the fact that the issue in question has already been decided by this Court in the case of Sanjita Roy Vs. State of Assam & Ors. reported in (2019) 2 GLT 805.

4. The basic facts of the case is that the petitioner was appointed as a Muster Roll Worker in the Inland Water Transport Department and his service was regularized as Khalasi w.e.f., 22.07.2005. It is the case of the petitioner that on 31.07.2015, he had retired from his service on attaining the age of superannuation. As per the petitioner, in spite of serving for a considerable period of time, his pension and post retirement benefits have not been given on the ground of not fulfilling the minimum requirement of 20 years of qualifying service.

5. The learned counsel for the petitioner has submitted that the 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.

6. 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.]

7. Considering the above, the present writ petition is disposed of by directing that the Page No.# 3/3

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. Further, as directed by the Hon'ble Division Bench, the post retirement benefits are required to be calculated and disbursed from the date of the retirement i.e. 31.07.2015. The entire exercise be carried out expeditiously and preferably within a period of 3(three) months from the date of receipt of a certified copy of this order.

8. The Writ Petition accordingly stands disposed of.

JUDGE

Comparing Assistant