Smt. Chandra Hazarika vs The State Of Assam And 6 Ors
2022 Latest Caselaw 2949 Gua

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GAHC010158602022




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

                          Case No. : WP(C)/5267/2022

         SMT. CHANDRA HAZARIKA
         WIFE OF LATE GAUTAM HAZARIKA,
         RESIDENT OF VILLAGE DACHUK, P.O.- DANGPORA, P.S.- TINGKHONG
         (BORBAM), DISTRICT- DIBRUGARH, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT 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 COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPARTMENT
          DISPUR
          GUWAHATI-6.

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

         5:THE TREASURY OFFICER
         TINSUKIA TREASURY
          SUB TREASURY TINSUKIA
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             ASSAM 786125.

            6:THE CHIEF ENGINEER
             PUBLIC HEALTH ENGINEERING
            TINSUKIA DIVISION
            TINSUKIA 786125.

            7:THE EXECUTIVE ENGINEER
             PUBLIC HEALTH ENGINEERING
            TINSUKIA DIVISION
            TINSUKIA 786125

Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : SC, P H E




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 12-08-2022

Heard Ms. M. Kechii, learned counsel for the petitioner who submits that the deceased husband of the petitioner was engaged as a muster roll worker on 10.06.1987, in the Office of the respondent No.7. The service of the petitioner's husband was thereafter regularized vide order dated 28.02.2005 w.e.f. 05.02.2005 in the post of Khalasi. The petitioner's husband retired from service on 30.11.2011 and expired on 12.02.2015.

2. The petitioner's counsel submits that though the petitioner had submitted a representation for grant of family pension, the same has not been paid till date. She submits that the petitioner's case is covered by the judgment of this Court passed in Sanjita Roy -vs- State of Assam, reported in (2019) 2 GLT 805, wherein it has been held that the entire service period of a muster roll worker has to be counted, for deciding whether the muster roll worker has got the qualifying service of 20 years as a muster roll worker. If the muster roll worker has the qualifying service period of 20 years, then pension has to be given to the muster roll worker.

3. The learned counsel for the petitioner has also relied upon the judgment of the Page No.# 3/3

Division Bench of this Court in Binapani Das -vs- State of Assam passed in WA 18/2021, which was disposed of vide judgment and order dated 26.02.2021, wherein it was held that the petitioner therein would be entitled to the benefit of pension from the date of retirement.

4. Mr. R.R. Gogoi, learned counsel for the respondents No.1, 6 and 7, Mr. P. Nayak, learned counsel for the respondents No. 2 and 5, Ms. S. Baruah, learned counsel for the respondent No.3 and Ms. N. Loha, learned counsel for the respondent No.4 fairly submit that the present case is covered by the judgment of this Court in Sanjita Roy (supra) and the Division Bench judgment of this Court in Binapani Das (supra).

5. In view of the consent of the parties and keeping in view the judgment of this Court in Sanjita Roy (supra) and Binapani Das (supra), the State respondents are directed to determine the continuous length of service of the husband of the petitioner as a muster roll worker, without deducting any period of service from the petitioner's husband service as a muster roll worker.

6. If the service period of the petitioner's husband touches the bench-mark of 20 years, the petitioner would be entitled to the grant of arrear pension and family pension.

7. The entire exercise should be completed within a period of three months from the date of receipt of a certified copy of this order. The gratuity amount paid to the petitioner's husband or the petitioner, if any, shall be adjusted from the arrear pension/family pension payable to the petitioner.

The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant