Nripesh Ranjan Das vs The State Of Assam And 3 Ors
2022 Latest Caselaw 766 Gua

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GAHC010040642022




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

                         Case No. : WP(C)/1555/2022

         NRIPESH RANJAN DAS
         S/O- LATE KHIROD, CHANDRA DAS,R/O- DARMIKHAL GRANT, P.O-
         DARMIKHAL ,P.S- DHOLAI, DIST- CACHAR, ASSAM, PIN-788116



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, P.H.E.
         DEPARTMENT, GUWAHATI, DISPUR-06

         2:THE CHIEF ENGINEER
          PUBLIC HEALTH ENGINEERING DEPARTMENT
         ASSAM
          HENGRABARI
          GUWAHATI
         ASSAM
          PIN-781036

         3:THE EXECUTIVE ENGINEER
          PUBLIC HEALTH ENGINEERING DEPARTMENT
          SILCHAR DIVISION NO. II SILCHAR
          CACHAR
         ASSAM
          PIN-788001

         4:THE PRINCIPAL ACCOUNTANT GENERAL
          (A AND E)
         ASSAM
          MAIDAMGAON
          BELTOLA
          GUWAHATI-2
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Advocate for the Petitioner   : MR. S CHAUHAN

Advocate for the Respondent : SC, P H E




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

04.03.2022

Heard Mr. S. Chauhan, learned counsel for the petitioner, who submits that the petitioner was engaged as Muster Roll Worker on 01.03.1993 in the office of the respondent no.3. The petitioner's service was regularized vide order dated 06.10.2005 w.e.f. 22.07.2005. The petitioner retired from service on 30.09.2015 after rendering 22 years, 6 month and 29 days of service as a Muster Roll Worker. The petitioner's prayer for grant of pension was rejected on the ground that the petitioner had not completed 20 years of service after deducting the initial six years of service as a Muster Roll Worker.

2. The petitioner's counsel 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, wherein it has been held that the entire service period of the petitioner as a Muster Roll worker has to be verified/counted, to see whether the Muster Roll worker had completed 20 years of service. He accordingly submits that if there is no deduction of 6 years of service from the petitioner's entire service period as a Muster Roll worker, the petitioner would have completed more than 22 years of service. He accordingly submits that a direction should be issued to the respondent authorities to count the petitioner's service Page No.# 3/3

without making any deduction of his initial years of service as a Muster Roll worker and if the petitioner crosses the benchmark of 20 years, the petitioner should be granted the benefit of pension.

3. Mr. S.M. Hassan, learned counsel for the respondent nos.1, 2 & 3 and Mr. A. Hassan, learned counsel for the respondent no.4 submit that they have got no objection with the prayer of the counsel for the petitioner, as 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 the judgment of the 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 deduction of any period of his service. If such service period reaches the bench mark of 20 years, the benefit of pension should be made available to the petitioner. The 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

should be adjusted from the pension payable to the petitioner.

5. The writ petition stands disposed of accordingly.

JUDGE

Comparing Assistant