Gokul Chandra Das vs The State Of Assam And 3 Ors
2022 Latest Caselaw 4297 Gua

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GAHC010217742022




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

                            Case No. : WP(C)/6986/2022

         GOKUL CHANDRA DAS
         S/O- LATE BIPIN CHANDRA DAS,
         RESIDENT OF VILL.- RANGAGORA NO. 2,
         P.S.- DHEKIAJULI, DISTRICT- SONITPUR,
         ASSAM, PIN- 784110.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         TO BE REPRESENTED BY SECRETARY TO THE GOVERNMENT OF ASSAM,
         PUBLIC HEALTH ENGINEERING (PHE) DEPARTMENT, DISPUR, GUWAHATI-
         6.

         2:THE CHIEF ENGINEER (PHE) WATER ASSAM

          HENGRABARI
          GUWAHATI- 36.

         3:THE EXECUTIVE ENGINEER

          PHE TEZPUR DIVISION NO.- 2

         DHEKIAJULI
         DISTRICT- SONITPUR.

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

         GUWAHATI- 29
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Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : SC, P H E




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

04.11.2022

Heard Mr. L.R. Mazumder, learned counsel for the petitioner, who submits that the petitioner was engaged as a Muster Roll Worker on 01.12.1989 in the establishment of the respondent no.3. The petitioner's service was regularized vide order dated 09.11.2005 w.e.f. 22.07.2005. The petitioner retired from service on 30.09.2014, after attaining the age of superannuation. Though the petitioner applied for pension, pension has not been granted to him and only Gratuity was given to the petitioner.

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 for the purpose of pension, without deducting any period of service of a Muster Roll worker.

3. Mr. S.M. Hassan, learned counsel for the respondent nos.1, 2, & 3 and Mr. R. Ahmed, learned counsel for the respondent no.4 submit that they have got no objection with the submissions made by the counsel for the petitioner, as the present case is covered by the judgment of this Court in Sanjita Roy (supra).

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4. I have heard the learned counsels for the parties.

5. In view of the submissions made by the counsels for the parties and keeping in view 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 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.

6. The writ petition stands disposed of accordingly.

JUDGE

Comparing Assistant