Gauhati High Court
Pania Ram Nath vs The State Of Assam And 5 Ors on 24 September, 2021
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GAHC010238952019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7389/2019
PANIA RAM NATH
S/O- LT NOLSING NATH, R/O- VILL- BATABARI, P.O. ABHAYAPURI, P.S.
ABHAYAPURI, DIST- BOPNGAIGAON, ASSAM, PIN- 783384
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PHE DEPTT.,
ASSAM, DISPUR, GHY-6
2:THE COMMISSIONER AND SECRETARY
GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEPTT.
DISPUR
ASSAM
GHY-6
3:THE CHIEF ENGINEER (PHE)
WATER
ASSAM
HENGERABARI
GHY-36
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
GHY-29
5:THE EXECUTIVE ENGINEER (PHE)
BONGAIGAON DIVISION
BONGAIGAON
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DIST- BONGAIGAON
(ASSAM)
PIN- 783384
6:THE TREASURY OFFICER
BONGAIGAON TREASURY OFFICE
DIST- BONGIGAON (ASSAM)
PIN- 78338
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : SC, P H E
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
24.09.2021
Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. D.
Gogoi, learned Standing Counsel for the PHE and Mr. R. Dhar, learned Standing
Counsel for the respondent no. 4 and Mr. D.H. Deka learned counsel appearing
on behalf of Mr. D. Gogoi, learned Standing Counsel for the Finance
Department.
2) The petitioner was serving as Muster Roll Worker in the
establishment of respondent No. 5. His service was regularized as Khalasi w.e.f.
22.07.2005. On his superannuation on 31.12.2014, the respondent no. 4 had
sanctioned and paid only the Terminal Gratuity but after deduction of 6 years of
initial service as Muster Roll Worker pursuant to O.M. dated 20.05.2009, the
petitioner was not found entitled to other retiral benefits like pension and
Death-Cum-Retirement Gratuity (DCRG).
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3) Accordingly, the petitioner has filed this writ petition claiming the
superannuation benefits in the light of ratio laid down by this Court in the case
of Sanjita Roy and Others vs. State of Assam and Others , reported in 2019(2)
GLT 805.
4) The learned counsel for the petitioner also submits that by
subsequent judgment and order of this Court passed in the case of Binapani
Das and Ors. vs. State of Assam , W.A. 18/2021 decided on 26.02.2021, the
Division Bench of this Court had ordered that the retirement benefits would
accrue from the date of retirement and not from 04.12.2018, the date when the
case of Sanjita Roy (supra) was decided.
5) Although the learned State and the Department Counsel objected to
the prayer, but the petitioner is found entitled to the similar benefit which is
flowing down from the ratio of the case of Binapani Das (supra).
6) Accordingly, the petition stands allowed. The petitioner is held to be
entitled to retirement benefits like pension and Death-Cum-Retirement-Gratuity
w.e.f. 31.12.2014, the date on which the petitioner had superannuated.
7) Accordingly, the respondent nos. 3 and 5 are directed to send the
proposal for pension and retirement benefits in respect of the petitioner, if not
already sent, to the respondent no. 4 within a period of 4(four) weeks from the
date of service of a copy of this order on respondent no. 5.
8) Consequently, the respondent no. 4 shall do the needful within a
period of 4(four) weeks from the date of receipt of pension proposal.
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9) The respondent authorities shall pass any consequential orders that
may be required to give to the petitioner the benefit of this order.
JUDGE
Comparing Assistant
