Gauhati High Court
Purna Baruah @ Purna Kt Baruah vs The State Of Assam And 3 Ors on 18 February, 2022
Page No.# 1/3
GAHC010004812022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/342/2022
PURNA BARUAH @ PURNA KT BARUAH
S/O- LATE RATNESWAR BARUA,
R/O- THALI PUKHURI,
P.O-BORAHMAJAN,
P.S- GOHPUR,
IN THE DISTRICT OF BISWANATH CHARIALI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP BY THE SECRETARY (E) TO THE GOVERNMENT OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE CHIEF ENGINEER
IRRIGATION DEPARTMENT
ASSAM
CHANDMARI GUWAHATI-781003
3:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI- 781036
4:THE EXECUTIVE ENGINEER
BISWANATH CHARIALI DIVISION (IRRIGATION DEPARTMENT)
BISWANATH CHARIAL
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : SC, IRRIGATION
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
18.02.2022
Heard Mr. H. Das, learned counsel appearing for the writ petitioner. Also
heard Mr. S. Bora, learned Standing Counsel, Irrigation Department, Assam,
appearing for the respondent Nos.1, 2 and 4. Mr. B. Chakraborty, learned
counsel, is present on behalf of respondent No.3.
It appears that the petitioner herein was working as a Helper in the office
of the Executive Engineer, Irrigation, Biswanath Chariali Division, and he retired
from service on attaining the age of superannuation on 30.11.2009. The
petitioner had initially joined service on 30.04.1987 as a Muster Roll worker and
his service was regularized on 22.07.2005. According to the petitioner, the total
length of his service is 20 years 4 months. However, by deducting six years from
the service tenure of the petitioner during which period he served as
temporary/muster roll worker the petitioner's length of service has been held to
be 14 years 4 months. On such ground the petitioner has been denied pension.
Mr. Das submits that the case of the petitioner is covered by the
judgment of this Court rendered in the case of Sanjita Roy and others vs. State
of Assam and others reported in 2019 (2) GLT 805 as well as the subsequent
order passed by this Court on 22.11.2021 in WP(C) No.6141/2021 wherein it has
been held that the computation of 20 years of service would include the entire
service period rendered by the petitioner even as Muster Roll worker i.e. prior to
his regularization. The aforesaid position has also been affirmed by the
judgment and order dated 26.02.2021 rendered by the Division Bench of this
Page No.# 3/3
Court in the case of Binapani Das vs. State of Assam and others [W.A.
No.18/2021]. Under the circumstances, Mr. Das has prayed for disposal of this
writ petition directing the respondents to sanction the pension of the petitioner
by taking into account the total length of service rendered by him.
On instructions received by him, Mr. S. Bora, learned counsel for the
respondent Nos.1, 2 and 4, submits that the petitioner's case would be covered
under the aforesaid orders of this Court and therefore, he would have no
objection if the writ petition is disposed of accordingly.
Similar is the stand of the learned counsel for the respondent No.3.
I have considered the submissions made by the learned counsel for the
parties and also perused the materials placed before this court.
In view of the facts and circumstances of the case in its entirety and also
the stand taken by the respondents' counsel , I dispose of this writ petition with a
direction upon the respondents to take into account the total length of service
of the petitioner including the period prior to regularisation of his service and
thereafter, process the petitioner's claim for grant of pension in accordance
with the Rules. The aforesaid exercise be carried out and completed as
expeditiously as possible, preferably within six months from the date of receipt of
a certified copy of this order.
With the above observation, the writ petition stands disposed of.
JUDGE
Comparing Assistant
