Abbas Uddin Hazarika vs The State Of Assam And 6 Ors
2021 Latest Caselaw 2589 Gua

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GAHC010192822018




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

                          Case No. : WP(C)/6042/2018

         ABBAS UDDIN HAZARIKA
         SON OF LATE NOSIB ALI HAZARIKA, VILLAGE- ITARKANDI PART II, P.O.
         RATAKHANDI, P.S. AND DIST. HAILAKANDI, ASSAM, PIN- 788152.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC
         HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6.

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

          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE CHIEF ENGINEER
          PHE
          HENGRABARI
          GUWAHATI- 36.

         4:THE ACCOUNTANT GENERAL (A AND E)
         ASSAM
          BELTOLA
          GUWAHATI-29.

         5:THE ADDITIONAL CHIEF ENGINEER
          PHE
          BARAK VALLEY ZONE
          BAMUNIMAIDAN
          GUWAHATI-21.
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            6:THE SUPERINTENDING ENGINEER (PHE)

             HAILAKANDI CIRCLE
             HAILAKANDI
             P.O.
             P.S. AND DIST. HAILAKANDI
             PIN- 788151

            7:THE EXECUTIVE ENGINEER

             HAILAKANDI DIVISION
             HAILAKANDI
             P.O.
             P.S. AND DIST. HAILAKANDI
             PIN- 78815

Advocate for the Petitioner   : MR. A U CHOUDHURY

Advocate for the Respondent : SC, P H E




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                             ORDER

28-10-2021 Heard Dr. B.U. Ahmed, learned counsel for the petitioner. Also heard Shri P.N. Goswami, learned Standing Counsel, PHE, Shri P. Nayak, learned Standing Counsel, Finance Department and Shri R. Dhar, learned Standing Counsel, AG.

Considering the subject matter, this writ petition is taken up for disposal at the admission stage.

The petitioner was working as a Muster Roll Worker since 23.02.1992 in the Department of Public Health Engineering in the Hailakandi Division. On 07.10.2005, the service of the petitioner was regularized as "Khalasi" under Grade- IV. The petitioner has retired from service on attaining the age of superannuation on 31.12.2014. The petitioner is aggrieved by the fact that he has not received the post retiral benefits on the ground of not meeting the period of qualified service.

Dr. Ahmed, the learned counsel for the petitioner submits that the issue Page No.# 3/3

involved had come up for consideration in a bunch of writ petition including the case of Sanjita Roy vs. The State of Assam & Ors. in WP(C) No.1089/2015 and this Court vide judgment dated 04.12.2018 had directed that while calculating the period of qualifying service, there should not be any deduction.

The Hon'ble Division Bench of this Court in the case of Binapani Das vs. The State of Assam & Ors. in WA No. 18/2021 vide order dated 26.02.2021 has clarified that the benefit has to be given from the date of the actual entitlement.

The learned Standing Counsel for the Department fairly submits that the facts projected by the petitioner would entitle him to the same benefits.

In view of the aforesaid facts & circumstances, the present writ petition stands allowed by directing the respondent authorities to give the same benefit to the petitioner as directed vide the judgment and order dated 04.12.2018 passed in WP(C) No. 1089/2015, read with the order dated 26.02.2021 of the Hon'ble Division Bench in WA. No. 18/2021.

The Writ Petition is accordingly disposed of.

The entire exercise be completed expeditiously and preferably within a period of 2(two) months from the date of receipt of the certified copy.

JUDGE

Comparing Assistant