Umesh Goswami vs The State Of Assam And 3 Ors
2022 Latest Caselaw 103 Gua

                                                                 Page No.# 1/3

GAHC010208602021




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

                                 Case No. : WP(C)/6965/2021

            UMESH GOSWAMI
            S/O LATE KHAGEN GOSWAMI,
            VILLAGE BORNAHARANI, PS NARAYANPUR, DIST LAKHIMPUR, ASSAM,
            787033



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH
            ENGINEERING DEPARTMENT, DISPUR, GUWAHATI 06

            2:THE CHIEF ENGINEER (PHE)
            WATER ASSAM
             HENGRABARI
             GUWAHATI 36

            3:THE EXECUTIVE ENGINEER
             PHE
             NORTH LAKHIMPUR DIVISION
             NORTH LAKHIMPUR
            ASSAM 787031

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

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : SC, P H E
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                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

Date : 10-01-2022

Heard Shri LR Mazumdar, learned counsel for the petitioner, who has filed this writ petition for a direction to grant the post- retirement benefits without deducting the period of service rendered on ad hoc basis for calculating the qualifying period.

2. Considering the subject matter and the broad consensus arrived at in the Bar, the writ petition is disposed of at the admission stage.

3. The subject matter is with regard to the post-retirement benefits of the petitioner, who had retired as a Muster Roll worker from the PHE Department. It is the case of the petitioner that he was appointed in the said capacity on 01.01.1988 and was regularized in service vide order dated 07.03.2005. The petitioner had retired on attaining the age of superannuation on 31.03.2021. However, the pension and other post-retirement benefits of the petitioner have not been paid on the ground of not meeting the qualifying service of 20 years.

4. Shri Mazumdar, learned counsel submits that the issue is no longer res integra as this Court in a bunch of writ petitions, including WP(C) 1089/2015 [Sanjita Roy v. State of Assam and Others, 2009 (2) GLT 805 ] vide the judgment and order dated 04.12.2018 has directed that while calculating the period of 20 years, there should not be any deduction of the period of service rendered before regularization. A Division Bench of this Court vide an order dated 26.02.2021 has further explained that the benefits would be from the date of their superannuation and not from the date of the judgment as this was issue in another connected case, namely, WA 18/2021 Page No.# 3/3

[Binapani Das vs. State of Assam & Ors.].

5. Also heard Shri B Choudhury, learned Standing Counsel, Public Health Engineer (PHE) Department as well as Ms. A Lala, learned counsel appearing on instructions of Shri B Chakraborty, learned Standing Counsel, Accountant General, Assam.

6. The learned State Counsel are also in agreement that the position has been clarified by the Hon'ble Division Bench of this Court in the case of Binapani Das (supra) and in fact, a corrigendum is in process to take care of all such cases.

7. Considering the facts and circumstances, this writ petition is allowed by directing that the post-retirement benefits be calculated and released to the petitioner from the date of his retirement i.e., 31.03.2021.

8. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant