Majrang Brahma vs The State Of Assam And 4 Ors
2022 Latest Caselaw 418 Gua

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GAHC010002822022




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

                          Case No. : WP(C)/136/2022

         MAJRANG BRAHMA
         S/O LATE RUPARAM BRAHMA
         VILLAGE BATABARI, PO CARAIKHALA, PS KOKRAJHAR, DIST
         KOKRAJHAR, ASSAM, 783347



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, PWD(R) DEPARTMENT, DISPUR, GUWAHATI 06

         2:THE EXECUTIVE ENGINEER

          PUBLIC WORKS DEPARTMENT
          KOKRAJHAR ROAD DIVISION
          KOKRAJHAR
          ASSAM

         3:THE ASSTT. EXECUTIVE ENGINEER
          PWD
          KOKRAJHAR ROAD SUB DIVISION
          KOKRAJHAR
          BTR
         ASSAM

         4:THE DIRECTOR OF PENSION

          ASSAM
          DISPUR
          GUWAHATI 06

         5:THE ACCOUNTANT GENERAL (A AND E)
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             ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI 2

Advocate for the Petitioner    : MR. M U MAHMUD

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                        HONOURABLE MR. JUSTICE SUMAN SHYAM

                                          ORDER

Date : 08-02-2022

Heard Mr. M.U. Mahmud, learned counsel appearing for the writ petitioner.

The petitioner claims to have served as non-regularized muster roll labour under

the respondent No. 3. His services were also allegedly extended from time to time. After

having rendered service for more than 22 years, the petitioner had retired from service.

According to the petitioner, he is entitled to receive pension. However, being aggrieved by

rejection of his prayer for grant of pension, the petitioner has approached this Court by

filing the instant writ petition.

Mr. Mahmud, learned counsel for the petitioner submits that this case is covered

under the judgment of this Court rendered in the case of Sanjita Roy Vs. The State of

Assam & Ors. reported in 2019 (2) GLT 805.

Mr. P. Nayak, learned standing counsel, PWD appearing on behalf of respondent

Nos. 1 to 3 and Ms. M.D. Bora, learned counsel representing respondent No. 4 pray for

some time to obtain instruction.

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Issue notice of motion returnable in 04 weeks.

Since respondent Nos. 1 to 4 are already represented, no formal notice is required

to be sent to the said respondents.

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

learned counsel for the respondents.

Copy of the writ petition be also furnished to Mr. A. Hasan, learned standing

counsel, AG, Assam along with a written up notice.

Respondents counsel to obtain instruction facilitating disposal of the writ petition at

the stage of admission hearing.

Registry to list this case again after 04 weeks as a fixed item by reflecting the

names of learned counsel for the parties in the cause list.

JUDGE GS

Comparing Assistant