Gauhati High Court
Sabitri Borah vs The State Of Assam And 5 Ors on 29 October, 2021
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GAHC010105952021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3789/2021
SABITRI BORAH
W/O LATE DAMODAR BORAH, R/O VILL. HINDU GHOPA, P.S. SIPAJHAR,
P.O. BORDOLGURI, DIST. DARRANG, ASSAM, PIN 784145
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, IRRIGATION 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
IRRIGATION DEPTT.
ASSAM
CHANDMARI
GUWAHATI 03
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI 29
5:THE EXECUTIVE ENGINEER
MANGALDAI DIVISION (IRRIGATION)
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DIST. DARRANG
ASSAM
PIN 784125
6:THE TREASURY OFFICER
MANGALDAI TREASURY
DIST. DARRANG
ASSAM
PIN 78412
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
29-10-2021
Heard Shri K.R. Patgiri, learned counsel for the petitioner. Also heard Shri
N. Upadhyay, learned Standing Counsel, Irrigation for the respondent nos. 1, 3
& 5, Shri S.S. Roy, learned State Counsel for the respondent no. 2, Ms. P. Devi,
learned counsel appearing on instructions of Shri R. Ahmed, learned Standing
Counsel, AG for respondent no. 4 and Shri R. Borpujari, learned counsel for
respondent no. 6.
The instant petition has been filed praying for a direction for release of
the pension and other benefits of the petitioner. The husband of the petitioner
Shri Damodar Borah, was serving as a Muster Roll worker under the Executive
Engineer, Mangaldai Division (Irrigation) in the district of Darrang which he had
joined on 01.12.1983. Subsequently, on 22.07.2005, the aforesaid post was
regularized as helper. The husband of the petitioner had retired on attaining the
age of superannuation on 30.11.2007. However, the pension and other post
retirement benefits was not paid on the ground that he had not completed the
20 years of continuous service which is the qualifying period. In the meantime,
the husband passed away on 07.10.2015.
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Shri Patgiri, the learned counsel for the petitioner submits that only the
terminal gratuity has been paid in the meantime.
The 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 N. Upadhyay, the learned Standing Counsel, Irrigation 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.
It is made clear that since the husband of the petitioner who was the
Government employee was alive till 07.10.2015, for the period of 30.11.2007 to
07.10.2015, the pension be calculated and be paid and thereafter the family
pension be paid to the petitioner who is the widow of the deceased employee.
The writ petition accordingly stands disposed of.
JUDGE
Comparing Assistant
