Junu Das vs The State Of Assam And 5 Ors
2022 Latest Caselaw 2006 Gua

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GAHC010023372022




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

                                  Case No. : WP(C)/949/2022

            JUNU DAS
            D/O LATE BONTI DAS
            VILL- MOLIAGAON, P.O. DHEKIAL
            DIST. GOLAGHAT, ASSAM PIN-785622

                         VERSUS

            1: THE STATE OF ASSAM AND 5 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            PUBLIC WORKS (ROADS) DEPARTMENT, DISPUR, GUWAHATI-6.

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

            3:THE CHIEF ENGINEER, PWD (ROADS) DEPARTMENT
            2ND BLOCK-B KRISHNA NAGAR CHANDMARI GUWAHATI-03.

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

            5:THE EXECUTIVE ENGINEER, PWD GOLAGHAT ROAD DIVISION
            GOLAGHAT DIST. GOLAGHAT ASSAM PIN-785621

            6:THE TREASURY OFFICER
            GOLAGHAT TREASURY GOLAGHAT
            DIST. GOLAGHAT ASSAM PIN-78562


Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : SC, PWD
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                                 -BEFORE-
              HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

Date : 06-06-2022

Heard Ms. U. Hazarika, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned standing counsel, appearing for the respondent Nos.1, 3, 5 & 6; Mr. C.S. Hazarika, learned Junior Government Advocate, Assam, appears for the respondent No.2, while Mr. R.K. Talukdar, learned standing counsel, Accountant General, appearing for the respondent No.4.

The petitioner's case is that her father was engaged as a Muster Roll Worker in the Office of the respondent No.5 on 01.06.1981. The services of the petitioner's father was thereafter regularized, as can be seen from the letter No.PR-3/PWD/3/008398/2016 dated 05.10.2016 issued by the Office of the Accountant General (A&E), Assam, where it is shown that terminal gratuity of Rs.24,528/- had been given to the petitioner's brother on account of petitioner's father being a regular labour.

The petitioner's counsel submits that the petitioner's father expired on 01.11.2012. The petitioner's counsel further submits that the petitioner is entitled to the payment of family pension as she is the unmarried daughter of the regularized Muster Roll Worker, who had completed more than 20(twenty) years of service in terms of the judgment of this Court in Sanjita Roy & Ors. -Vs- State of Assam & Ors. , reported in 2019 (2) GLT 805.

List the matter after 4(four) weeks.

On the next date fixed, learned counsel for the petitioner shall produce the regularization order of the petitioner's father.

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In the meantime, the counsels for the respondents shall also obtain instructions in the matter.

JUDGE

Comparing Assistant