Makhan Chandra Sarmah @ Makhan ... vs The State Of Assam And 5 Ors
2022 Latest Caselaw 343 Gua

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GAHC010011032022




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

                          Case No. : WP(C)/574/2022

         MAKHAN CHANDRA SARMAH @ MAKHAN SARMA
         S/O LATE GANESH CHANDRA SARMAH, R/O VILL-CHARAIBAHI BRAHMIN
         GAON, P.O.-BOJALONI, P.S.-ROWRIA, DIST-JORHAT, ASSAM, PIN-785009



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          CHANDMARI
          GUWAHATI-03

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

         5:THE EXECUTIVE ENGINEER
          JORHAT DIVISION (IRRIGATION)
          JORHAT
          DIST-JORHAT
         ASSAM
          PIN-785001
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            6:THE TREASURY OFFICER
             JORHAT TREASURY
             JORHAT
             DIST-JORHAT (ASSAM)
             PIN-78500

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : SC, IRRIGATION




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                            ORDER

Date : 02-02-2022

The writ petitioner herein claims to have served the Irrigation Department in the

Jorhat Division as Muster Roll worker. The grievance expressed in the petition is to the

effect that despite having completing 20 years of qualifying service, the petitioner has not

been granted pension.

Mr. K.R. Patgiri, learned counsel for the petitioner submits that this case is covered

by the judgment and order passed by this Court rendered in the case of Sanjita Roy &

Ors. Vs. The State of Assam & Ors. reported in 2019 (2) GLT 805.

Mr. N. Upadhyay, learned standing counsel, Irrigation Department prays for some

time to obtain instruction facilitating disposal of the writ petition.

Issue notice of motion returnable in 04 weeks.

Mr. Upadhyay has accepted notice on behalf of respondent Nos. 1, 3 and 5 and Mr.

J.K. Parajuli, learned Jr. Govt. Advocate, Assam has accepted notice for respondent No. 2.

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Mr. R. Dhar, learned counsel has accepted notice on behalf of respondent No. 4 and Mr. B.

Gogoi, learned standing counsel, Finance Department has accepted notice for respondent

No. 6. As such, this matter is ready as regards service.

However, extra copies of the writ petition, requisite in numbers, be furnished to the

learned departmental counsel so as to enable them to obtain instruction facilitating

disposal of the writ petition at the stage of admission hearing.

List accordingly.

JUDGE GS

Comparing Assistant