Smti. Durgeswari Gogoi vs The State Of Assam And 6 Ors
2022 Latest Caselaw 79 Gua

                                                                Page No.# 1/3

GAHC010002362022




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

                          Case No. : WP(C)/114/2022

         SMTI. DURGESWARI GOGOI
         W/O LATE LAMBO GOGOI, R/O VILL- BAHU PATHER, P.O.-BHOLAGURI,
         P.S.-DERGAON, DIST- GOLAGHAT, ASSAM, PIN-785611



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT,
         DISPUR, GUWAHATI-6

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

         3:THE DIRECTOR
          SERICULTURE
         ASSAM
          KHANAPARA
          GUWAHATI-22

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

         5:THE SUPERINTENDENT OF SERICULTURE
          GOLAGHAT
          DIST- GOLAGHAT
         ASSAM
          PIN-785621
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            6:THE ASSTT. DIRECTOR OF SERICULTURE
             GOLAGHAT
             DIST- GOLAGHAT (ASSAM)
             PIN-785621

            7:THE TREASURY OFFICER
             GOLAGHAT TREASURY
             GOLAGHAT
             DIST- GOLAGHAT (ASSAM)
             PIN-78562

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : SC, SERICULTURE




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                            ORDER

07.01.2022

Aggrieved by non-payment of pensionary benefits on the ground that

the deceased husband of the petitioner, who was serving as a Muster Roll

worker under the Handloom, Textile and Sericulture Department in the district of

Golaghat, had not completed 20 years of qualifying service at the time of his

superannuation, the present petition has been filed.

Ms. U. Hazarika, learned counsel for the petitioner, submits that this

matter is covered by the judgment of this Court rendered in the case of Sanjita

Roy Vs. State of Assam & others [WP(C) No.1089/2015] therefore, a writ of

mandamus be issued by allowing the writ petition.

Mr. R. Dhar, learned Standing Counsel, Handloom, Textile and Sericulture

Department, Assam, prays for some time to obtain instruction in the matter.

Issue notice of motion returnable in four weeks.

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Since Mr. Dhar, has entered appearance and accepted notice on

behalf of respondent Nos.1, 3, 5 and 6, Mr. S. S. Roy, learned Govt. Advocate,

Assam, has accepted notice on behalf of respondent No.2, Mr. B. Chakraborty,

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

Borpujari, learned Standing Counsel, Finance Department, Assam, has

accepted notice on behalf of respondent No.7, service of notice is deemed to

be complete in this case. However, extra copies of the writ petition, requisite in

numbers, be furnished to the learned departmental counsel, within three days

from today, so as to enable them to obtain instruction facilitating disposal of the

writ petition at the stage of admission hearing.

Let this matter be listed again after four weeks.

JUDGE

Comparing Assistant