Gauhati High Court
Krishna Kanta Borah @ Krishna ... vs The State Of Assam And 6 Ors on 25 July, 2022
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GAHC010141732022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4716/2022
KRISHNA KANTA BORAH @ KRISHNA BORAH
SON OF LATE BAPURAM BORAH,
RESIDENT OF VILLAGE DEMOWMUKH SESSA SATERA, P.O.
DEMOWMUKH, DIST.- SIVASAGAR, ASSAM.
PIN- 785663.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GUWAHATI-3.
4:THE ACCOUNTANT GENERAL ( A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI- 29.
5:THE EXECUTIVE ENGINEER
IRRIGATION
SIVASAGAR DIVISION
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SIVASAGAR
DIST.- SIVASAGAR
ASSAM
PIN- 785640.
6:THE ASSTT. EXECUTIVE ENGINEER
IRRIGATION
SIVASAGAR SUB-DIVISION
SIVASAGAR
DIST.- SIVASAGAR
ASSAM
PIN- 785640.
7:THE TREASURY OFFICER
SIVASAGAR
DIST.- SIVASAGAR
ASSAM. PIN- 785640
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
25.07.2022
Heard Ms. U. Hazarika, learned counsel for the petitioner, who submits that the
petitioner's father was a Muster Roll worker, who was engaged in the establishment of
the respondent No. 5 on 01.05.1987. The service of the petitioner's father was
regularized as Helper (Grade-IV) with effect from 22.07.2005 vide order dated
05.10.2005. The petitioner's father thereafter retired from service on attaining the age
of superannuation on 31.05.2012 and he died on 11.12.2012. The petitioner's mother
applied for family pension and arrear pension. However, the same was not granted to
the petitioner's mother on the ground that the petitioner's father has not completed 20
years of service, after deduction of his initial 6 years of service as a Muster Roll worker.
The petitioner's mother thereafter expired on 10.08.2018
2. The petitioner's counsel submits that the petitioner is entitled to receive arrear
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pension of his father and family pension payable to the petitioner's mother, inasmuch
as, the entire service period of the petitioner's father as a Muster Roll worker would
have to be counted, in terms of the judgment of this Court, in the case of Sanjita
Roy Vs. State of Assam & Ors. reported in 2019 (2) GLT 805.
3. Ms. T.S. Neog, learned counsel appears for the respondent Nos. 1, 3, 5 & 6, Mr.
R. Dhar, learned counsel appears for the respondent No. 4, Mr. P. Nayak, learned
counsel appears for respondent No. 7 and Mr. A. Chakraborty, learned counsel appears
for the respondent No. 2 fairly submit that the present writ petition is covered by the
judgment passed in Sanjita Roy Vs. State of Assam & Ors (supra).
4. On considering the submissions made by the counsels for the parties and on
perusing the judgment passed in Sanjita Roy Vs. State of Assam & Ors. (supra) ,
this Court is of the view that the petitioner's father's entire service period as a Muster
Roll worker would have to be considered in terms of the judgment passed in Sanjita
Roy Vs. State of Assam & Ors. (supra) . Accordingly, the State respondents are
directed to verify the service period of the petitioner's father and if the same touches
the bench mark of 20 years, without deduction of any service period as a Muster Roll
worker, the benefits of arrear pension payable to the petitioner's father and family
pension payable to the petitioner's mother would have to be paid to the petitioner and
other legal heirs, as per entitlement. The entire exercise should be carried out within a
period of 3 (three) months, from the date of receipt of a certified copy of this order.
Gratuity amount paid to the petitioner/petitioner's mother, if any should be adjusted
against the arrear/family pension to be paid.
Writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
