Leukule Jeme @ Heleukule Jeme vs The State Of Assam And 13 Ors
2022 Latest Caselaw 2355 Gua

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GAHC010005832021




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

                          Case No. : WP(C)/291/2021

         LEUKULE JEME @ HELEUKULE JEME
         W/O- LT. HAIREIJINBE JEME @ HAIREIGINBE ZEME, R/O- BORO NIANGLO
         VILLAGE, P.S. MAHUR DIST.- DIMA HASAO, ASSAM, PIN- 788830



         VERSUS

         THE STATE OF ASSAM AND 13 ORS
         REP. BY THE UNDER SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS
         BUILDING AND N.H. DEPTT. BUILDING BRANCH, ASSAM, DISPUR, GHY-6

         2:THE PRINCIPAL SECRETARY
          DIMA HASAO AUTONOMOUS COUNCIL
          HAFLONG
          DIST.- DIMA HASAO
         ASSAM

         3:THE CHIEF ENGINEER (PHE)
         ASSAM (BUILDING)
          HENGRABARI GHY-36

         4:THE ADDL. CHIEF ENGINEER (PHE)
          N.C.HILLS
          HAFLONG
          DIST.- DIMA HASAO
          PIN- 788819

         5:THE EXECUTIVE ENGINEER (P.H.E)
          MAIBANG DIVISION
          MAIBANG
          N.C.HILLS
          DIST.- DIMA HASAO
         ASSAM
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6:THE ASSTT. EXECUTIVE ENGINEER
 (P.H.E)
 MAIBANG/ MAHUR SUB-DIVISION
 DIST.- DIMA HASAO
ASSAM

7:THE TREASURY OFFICER
 HAFLONG TREASURY
 HAFLONG
 DIST.- DIMA HASAO
ASSAM

8:THE TREASURY OFFICER
 MAIBANG SUB-TREASURY
 MAIBANG
 DIST.- DIMA HASAO
ASSAM

9:THE DIRECTOR OF ACCOUNTS AND TREASURIES
 MAIDAMGAON
 BELTOLA
 GHY-6

10:THE SUB-DIVISIONAL OFFICER (CIVIL)
 MAIBANG SUB-DIVISION
 DIST.- DIMA HASAO
ASSAM

11:THE BILL ASSTT./ESST. ASSTT. MAIBANG (PHE) DIVISION
 DIST.- DIMA HASAO
ASSAM

12:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
 PUBLIC WORKS DEPARTMENT AND N.H. DEPARTMENT BUILDING
BRANCH
ASSAM
 DISPUR
 GUWAHATI-6

13:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
 FINANCE DEPARTMENT
ASSAM
 DISPUR
 GUWAHATI-6

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

Advocate for the Petitioner   : MR. N SARKAR

Advocate for the Respondent : GA, ASSAM




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

18.07.2022

Heard Mr. N Sarkar, learned counsel for the petitioner. Also heard Ms. J Gogoi, learned counsel for the respondents No.2, 4, 5, 6 and 11 being the authorities in the PHED under the NC Hills Autonomous Council. Mr. D Gogoi, learned counsel for respondent No.3 being the authorities under the PHED, Assam, Mr. R Barpujari, learned counsel for respondents No.7, 8, 9 and 13 being the authorities under the Finance Department, Government of Assam and Mr. CS Hazarika, learned counsel for respondent No.14 being the authorities under the Pension and Public Grievances Department, Government of Assam.

2. Although the authorities under the Public Works Building and NH Department Building Branch Assam has also been arrayed as respondents, but during the course of the hearing, it has been informed to the Court that the authorities under the Public Works Building are not necessary parties and accordingly the same stands deleted.

3. The husband of the petitioner Heirijinbe Jeme was appointed as a Muster Page No.# 4/5

Roll worker on 01.12.1983. By an order of the Executive Engineer, Maibang (PHE) Division, Maibang, the services of the deceased husband of the petitioner was regularised w.e.f. 22.07.2005, but unfortunately the husband of the petitioner died on 22.12.2005. In other words, after the regularization, it has to be understood that the deceased husband of the petitioner had rendered services for approximately five months. In the circumstance, this writ petition is instituted on the grievance that family pension had not been paid to the petitioner who is the wife of the deceased. The law in this respect has been settled that in case of a muster roll worker whose services has been subsequently regularised in service, the service period from the date of initial appointment as muster roll worker up to the date of retirement or death of the employee is included towards qualifying services for pension. It being so, the deceased husband of the petitioner having been appointed on 01.12.1983 and died on 22.12.2005 his qualifying services for pension would have to be construed from 01.12.1983 up to 22.12.2005. In this respect, we take note of that even the deduction of six years of qualifying services had been done away with as per the judgment of this Court in Sanjita Roy Vs. State of Assam reported in 2019 (2) GLT 805. Accordingly, the entire period from 01.12.1983 up to 22.12.2005 of the deceased husband of the petitioner would have to be construed to be the qualifying services for entitlement for pension. It being so, the authorities in the PHED of NC Hills Autonomous Council are directed to process the family pension papers of the petitioner by taking the qualifying services of the deceased husband of the petitioner to be from 01.12.1983 to 22.12.2005. As there is already a considerable delay to do the needful, we direct the authorities in the PHED under NC Hills Autonomous Council to expedite the matter and process the pension papers within a period of one month from the Page No.# 5/5

date of receipt of a certified copy of this order and the pension papers be accordingly transmitted to the Accountant General, Assam for doing the needful.

4. Considering the delay that had already occurred, the Accountant General Assam shall process the matter further and make arrangement for payment of the family pension within a period of one month thereafter.

5. Writ petition stands allowed in the above terms.

JUDGE

Comparing Assistant