Subhashini Nath vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2506 Gua

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GAHC010082772021




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

                             Case No. : WP(C)/3741/2021

         SUBHASHINI NATH
         W/O. BROJOMONI NATH, R/O. DUDHPATIL PART-V, P.S. SILAHCE, DIST.
         CACHAR, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT
         DEPTT., DISPUR, GUWAHATI-06.

         2:THE DIRECTOR

          INLAND WATER TRANSPORT ASSAM
          ULUBARI
          GUWAHATI-07.

         3:EXECUTIVE ENGINEER INLAND WATER TRANSPORT DIVISION
         CHANDMARI

          T.V. CENTRE ROAD
          TARAPUR
          SILCHAR-3
          DIST. CACHAR
          ASSAM
          PIN-788003.

         4:THE ACCOUNTANT GENERAL (A AND E) ASSAM

          BELTOLA
          GUWAHATI-29
          TO BE REP. BY SENIOR ACCOUNTANT OFFICER
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Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : SC, IWT




                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

Date : 25-10-2021

Heard Mr. L.R. Mazumder, learned counsel for the petitioner.

The instant petition has been filed praying for a direction for release of the pension and other benefits of the petitioner who has served as the Muster Roll worker in the Executive Engineer, Inland Water Transport Division, Silchar. It is the case of the petitioner that he has joined his service on 01.03.1993 and thereafter his post was regularised as Ghat Helper w.e.f. 22.07.2005. The petitioner had retired on attaining the age of superannuation on 31.12.2018 whereafter his pension and other retirement benefits have not been released on the ground of non-completion of 20 years of qualifying service.

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.

Ms. M.D. Bora, learned Standing Counsel, Transport Department and Shri R. Dhar, learned Standing Counsel, Accountant General, Assam have 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.

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The writ petition accordingly disposed of.

JUDGE

Comparing Assistant