Santa Brahma vs The State Of Assam And 6 Ors
2021 Latest Caselaw 2510 Gua

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GAHC010108512021




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

                          Case No. : WP(C)/3685/2021

         SANTA BRAHMA
         S/O LATE KHADHARAM BRAHMA, R/O VILL. BHATARMARI, P.O.
         KOKRAJHAR, P.S. KOKRAJHAR, DIST. KORAJHAR, ASSAM, PIN 783370



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, PUBLIC WORK (ROADS) DEPTT., DISPUR, GUWAHATI-6

         2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

          PENSION AND PUBLIC GRIEVANCES DEPTT.
          DISPUR
          GUWAHATI 6

         3:THE CHIEF ENGINEER
          PWD (ROADS)
          DEPTT.
          CHANDMARI
          GUWAHATI 03

         4:THE ACCOUNTANT GENERAL (A AND E)
          MAIDAMGAON
          BELTOLA
          GUWAHATI 29

         5:THE BODOLAND TERRITORIAL COUNCIL

          REPRESENTED BY THE SECY.
          PWD (ROADS) DEPTT.
          BODOFANAGAR
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             KOKRAJHAR
             DIST. KOKRAJHAR
             BTAD
             ASSAM
             PIN 783370

             6:THE EXECUTIVE ENGINEER

             PWD
             KOKRAJHAR RURAL ROADS DIVISION
             KOKRAJHAR
             DIST. KOKRAJHAR
             ASSAM
             PIN 783370

             7:THE TREASURY OFFICER

             KOKRAJHAR
             DIST. KOKRAJHAR
             BTAD
             ASSAM
             PIN 78337

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : SC, PWD ROAD




                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                             ORDER

Date : 25-10-2021

Heard Ms. T. Chakraborty, learned counsel appearing on instruction of her Senior Shri K.R. Patgiri, 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, PWD, Kokrajhar, Rural Roads Division, Kokrajhar, Assam. It is the case of the petitioner that he has joined his service on 06.01.1989 and thereafter his post was Page No.# 3/3

regularised as Grade-IV w.e.f. 22.07.2005. The petitioner had retired on attaining the age of superannuation on 31.01.2012 whereafter his pension and other retire 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.

Shri S. Bora, the learned Standing Counsel, BTC 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 writ petition accordingly disposed of.

JUDGE

Comparing Assistant