Smt. Rupeswar Ghatuar vs The State Of Assam And 6 Ors
2022 Latest Caselaw 765 Gua

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GAHC010040562022




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

                         Case No. : WP(C)/1558/2022

         SMT. RUPESWAR GHATUAR
         W/O- LATE BOGAI GHATUAR, VILL.- TIPOMIAGAON, SELENGHAT, P.O.
         KUKURACHOWA, P.S. TEOK, DIST. JORHAT, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY CHIEF SECRETARY GOVT. OF ASSAM, DISPUR,
         GUWAHATI-6.

         2:COMMISSIONER AND SECRETARY
          FINANCE DEPARTMENT
          GOVERNMENT OF ASSAM
          DISPUR
          GUWAHATI-6.

         3:COMMISSIONER AND SECRETARY
         ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
          DISPUR
          GUWAHATI-6.

         4:DIRECTOR

          ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
          ASSAM
          GUWAHATI-3.

         5:MANAGER GOVERNMENT LIVESTOCK FARM
          KALIAPANI
          JORHAT.

         6:COMMISSIONER AND SECRETARY
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             PENSION AND PUBLIC GRIEVANCES DEPARTMENT GOVERNMENT OF
             ASSAM
             DISPUR
             GUWAHATI-6.

             7:PRINCIPAL ACCOUNTANT GENERAL (A AND E)
             ASSAM
              MAIDAMGAON
              BELTOLA
              GUWAHATI-29

Advocate for the Petitioner   : MR J CHUTIYA

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

04.03.2022

Heard Mr. J. Chutiya, learned counsel for the petitioner, who submits that the petitioner's husband was engaged as a Muster Roll Worker in the Office of the respondent no.5 on 20.09.1987. The service of the petitioner's husband was regularized vide Office order dated 01.10.2005 w.e.f. 22.07.2005. The petitioner's husband retired from service on 31.01.2011 and expired on 19.08.2017. The petitioner's grievance is that she has not been paid the family pension or the pension payable to her deceased husband on the ground that the petitioner's husband had not completed 20 years of service as a Muster Roll Worker after deducting the initial 6 years of service.

2. Mr. J. Chutiya, learned counsel for the petitioner submits that the present case is covered by the judgment passed in Sanjita Roy & Ors. vs. State of Assam and Others, reported in 2019 (2) GLT 895. He Page No.# 3/3

submits that entire service period of the petitioner as Muster Roll worker will have to be counted as per the judgment in Sanjita Roy (supra) and if it is found that petitioner's husband, as a Muster Roll worker, completed 20 years of service without deduction of the initial 6 years of service, the petitioner should be granted family pension and the pension payable to her deceased husband.

3. Ms. A. Talukdar, learned counsel for the respondent nos. 1, 3, 4, 5 & 6; Mr. P. Nayak, learned counsel for the respondent no.2 and Mr. R.K. Talukdar, learned counsel for the respondent no.7 submit that the present case is covered by the judgment of this Court in Sanjita Roy (supra).

4. In view of the submissions made by the counsels for the parties and keeping in view of the judgment of this Court in Sanjita Roy (supra), 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. If such service period reaches the bench mark of 20 years, the benefit of family pension should be made available to the petitioner along with the pension payable to her deceased husband. The entire exercise should be completed within a period of three months from the date of receipt of a certified copy of this order. The terminal gratuity already paid to the petitioner shall be adjusted from the family pension/pension payable to the petitioner.

5. Accordingly, the writ petition stands disposed of.

JUDGE

Comparing Assistant