Devoram Pegu vs The State Of Assam And 3 Ors
2022 Latest Caselaw 1114 Gua

                                                                       Page No.# 1/3

GAHC010013112022




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

                                 Case No. : WP(C)/553/2022

            DEVORAM PEGU
            S/O LATE PENGAI PEGU, R/O VILL- EPORIA GAON, P.O.-BORMUKALI, P.S.-
            DERGAON, DIST- JORHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE SECRETARY (E) TO THE GOVERNMENT OF ASSAM,
            IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006

            2:THE CHIEF ENGINEER
             IRRIGATION DEPARTMENT
            ASSAM
             CHANDMARI
             GUWAHATI-781003

            3:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI-781036

            4:THE EXECUTIVE ENGINEER
             JORHAT DIVISION (IRRIGATION)
             JORHAT
            ASSAM
             P.O.-JORHAT
             DIST- JORHAT
            ASSA

Advocate for the Petitioner   : MR H DAS
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Advocate for the Respondent : SC, IRRIGATION




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                            ORDER

Date : 29.03.2022

1. Heard Mr. H. Das, learned counsel for the petitioner who submits that the petitioner was engaged as a Muster Roll Worker in the Office of the respondent no. 4 on 01.06.1990.

2. The petitioner's service was regularised vide order dated 20.01.2006 w.e.f. 22.07.2005. The petitioner retired from service on 31.08.2011.

3. The petitioner thereafter submitted his pension papers. However, the same was not processed on the ground that the petitioner had not completed 20 years of service as a Muster Roll Worker, after deducting his initial six years of service as a Muster Roll Worker.

4. The petitioner's counsel submits that the present's case is a covered case in terms of the judgment and order dated 04.12.2018 passed in the case of Sanjita Roy & Ors Vs. State of Assam & Ors. reported in 2019 2 GLT 805. He submits that the entire period of service of the petitioner as a Muster Roll Worker has to be counted and if the petitioner has a qualifying service of 20 years without deduction of any service period, the petitioner should be given the benefit of pension.

5. Mr. N. Upadhaya, learned counsel for the respondent nos. 1, 2 & 4, Ms. E. Yanthang, learned counsel on behalf of Mr. R. Dhar, learned for the respondent no.3 fairly submit that the present case is covered by the judgment and order passed in Sanjita Roy & Ors (Supra).

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6. In view of the submission made by the counsels of the parties and on perusing the judgment of this Court passed in Sanjita Roy & Ors (Supra), this Court finds that this case is a covered matter.

7. Accordingly, the respondent authorities are directed to determine the continuous length of service of the petitioner as a Muster Roll Worker, without any deduction of his service period as a Muster Roll Worker. If the service period of the petitioner meets the bench mark of 20 years, pension should be made available to the petitioner.

8. The entire exercise should be completed within a period of three months from the date of receipt of a certified copy of this order.

9. The terminal gratuity already paid to the petitioner shall be adjusted from the pension that may be payable to the petitioner.

10. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant