Sadhan Das vs The State Of Assam And 6 Ors
2022 Latest Caselaw 705 Gua

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GAHC010237442019




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

                          Case No. : WP(C)/7372/2019

         SADHAN DAS
         S/O- LATE JALTI RAM DAS, VILL- BOKDOVA, P.O- LAHORIGHAT, P.S-
         PALSHBARI, DIST- KAMRUP, ASSAM, PIN- 781125



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
         IRRIGATION DEPTT, DISPUR, GUWAHATI- 781006

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM
          PENSION AND PUBLIC GRIEVANCE
          HOUSEFED COMPLEX
          BASISTHA ROAD
          GUWAHATI- 6

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM

          FINANCE DEPTT
          DISPUR
          GHY- 6

         4:THE CHIEF ENGINEER
          IRRIGATION DEPTT
          CHANDMARI
          GUWAHATI- 3

         5:THE EXECUTIVE ENGINEER
          GUWAHATI WEST DIVISION
          IRRIGATION
          GUWAHATI- 8
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            6:THE ASSTT EXECUTIVE ENGINEER
             CHHAYGAON SUB DIVISION (IRRIGATION)
             CHHAYGAON
             DIST- KAMRUP
            ASSAM
             PIN- 781124

            7:THE ACCOUNTANT GENERAL
             MAIDAMGAON
             BELTOLA
             GUWAHATI- 2

Advocate for the Petitioner   : MR. M BHAGABATI

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 28-02-2022

Heard Mr. M. Bhagabati, learned counsel for the petitioner. Also heard Mr. N. Upadhaya, learned standing counsel for the respondent nos.1, 4, 5 and 6, Mr. D. Borah, learned Govt. Advocate for the respondent no.2 and Mr. A. Hussan, learned standing counsel for the respondent no.7.

The petitioner was initially appointed as Muster Roll worker in the office of respondent no.5 on 01.03.1992 and his service was regularized as Helper in the office of the respondent no.6 w.e.f. 22.07.2005 and he had superannuated on 30.11.2017 after having completed more than 25 years of service, neither any regular pension, provisional pension or any gratuity has been paid to the petitioner. Aggrieved by this, the petitioner filed this writ petition under Article 226 of the Constitution of India.

This Court by virtue of judgment and order passed in the case of Sanjita Page No.# 3/3

Roy Vs. The State of Assam & Ors. (2019) 4 GLR 97, had already held that the deduction of 6 years of service as Muster Roll is impermissible. Therefore, without deduction of 6 years, the petitioner would have rendered 25 years and 8 months of service, as such, the petitioner would be entitled to retirement benefits.

Accordingly, in terms of ratio laid down in case of Sanjita Roy (supra), this writ petition stands disposed of by directing the respondent authorities to work out the pension benefits in favour of the petitioner and release the same within a period of 3(three) months from the date of receipt of certified copy of this order.

It is also clarified that if any terminal benefit has been paid to the petitioner, such payment may be adjusted at the time of finalization of the pension.

This writ petition stands allowed.

JUDGE

Comparing Assistant