Uddhav Chandra Das vs The State Of Assam And 6 Ors
2022 Latest Caselaw 3123 Gua

                                                             Page No.# 1/3

GAHC010133522022




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

                           Case No. : WP(C)/5395/2022

         UDDHAV CHANDRA DAS
         S/O LATE GARGO RAM DAS,
         VILL.- JALAH (ALIGURI),
         P.O.- JALAHAT,
         P.S.- SHIMLA,
         DIST.- BAKSA, ASSAM, PIN- 781327.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, PWD DEPARTMENT, GUWAHATI- 6, ASSAM.

         2:THE COMMISSIONER AND SECRETARY
          GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI- 6.

         3:THE ACCOUNT GENERAL (A AND E)
         ASSAM
          MAIDAMGAON
          BELTOLA
          PENSION BRANCH- 2
          GUWAHATI- 29.

         4:THE CHIEF ENGINEER
          PWD ROADS ASSAM
          CHANDMARI
          GUWAHATI- 3
          KAMRUP (M).
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            5:THE DIRECTOR
             PENSION AND PUBLIC GRIEVANCES DEPARTMENT
             DISPUR
             GUWAHATI
            ASSAM- 06.

            6:THE EXECUTIVE ENGINEER
             PWD
             MUSHALPUR (R AND B) DIVISION
             MUSHALPUR

            DIST.- BAKSA
            ASSAM.

            7:THE ASSISTANT EXECUTIVE ENGINEER
             PWD
             SALBARI (R AND B) SUB-DIVISION
             MUSHALPUR
             DIST.- BAKSA
            ASSAM

Advocate for the Petitioner   : MR. I ALAM

Advocate for the Respondent : SC, PWD




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                         ORDER

Date : 22.08.2022

Mr. B J Ghosh, learned counsel for the petitioner who submits that the

petitioner by filing this writ petition is seeking a direction to the respondent authorities

to release his monthly pension as provided under the provision of Assam Services

(Pension) Rules 1969 along with all other service benefits as permissible in law.

The learned counsel for the petitioner was initially appointed as MR Labourer on

06.05.1987 and he was upgraded to the post of Work Charged Section Asstt. w.e.f.

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07.12.1996 till he was regularized from service on 28.02.2021 upon completing 33

years of service as Work Charged Section Asstt. The learned counsel submits that in

view of the fact that the petitioner was discharging his duties by being given a time-

scale of pay, he is entitled to receive pension. In fact, this Court in a case of similar

nature i.e. WP(C) No. 1777/2015 vide Judgment & Order dated 05.04.2022 had

granted relief to the petitioner therein.

In view of above, issue notice of motion returnable by 4 weeks. Mr. R Dhar,

Standing Counsel, PWD appears and accepts notice on behalf of respondent Nos. 1, 4,

6 & 7. Mr. P Nayak, learned Standing Counsel, Finance Department for respondent No.

2. Mr. S K Medhi, learned Standing Counsel, Accountant General, Assam on behalf of

respondent No. 3 and Mr. C S Hazarika on behalf respondent No. 5. Petitioner to serve

requisite copies of the writ petition to the learned counsels appearing for the

respondents within 2 (two) days.

List the matter again after 4 (four) weeks.

JUDGE

Comparing Assistant