Page No.# 1/3 vs The State Of Assam And 5 Ors
2023 Latest Caselaw 224 Gua

                                                                 Page No.# 1/3

GAHC010159412021




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

                          Case No. : WP(C)/5345/2021

         AHMED HUSSAIN CHOUDHURY
         S/O LATE AKADDAS ALI CHOUDHURY, PUMP OPERATOR (RETIRED ON
         31.01.2019) UNDER PHE DIVISION, HAILAKANDI, R/O VILL- ALGAPUR
         PART-I AND P.O.-KALIBARI BAGAN, DIST-HAILAKANDI, ASSAM, PIN-
         788150



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, DEPARTMENT OF PUBLIC HEALTH ENGINEERING, ASSAM
         CIVIL SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006

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

         3:THE ADDITIONAL CHIEF ENGINEER
          PHE
          BARAK VALLEY ZONE
          SILCHAR
          GUNGUR
          DIST- CACHAR
         ASSAM
          PIN-788014

         4:THE SUPERINTENDENT ENGINEER
          PHE
                                                                            Page No.# 2/3

             HAILAKANDI CIRCLE
             DIST-CACHAR
             ASSAM

             5:THE EXECUTIVE ENGINEER
              PUBLIC HEALTH ENGINEERING
              HAILAKANDI PUBLIC HEALTH ENGINEERING DIVISION
              HAILAKANDI
              DIST- HAILKANDI
             ASSAM

             6:THE ACCOUNTANT GENERAL
             ASSAM
              MAIDAMGAON
              BELTOLA
              GUWAHATI
             ASSAM
              PIN-78102

Advocate for the Petitioner   : MR. A K DUTTA

Advocate for the Respondent : SC, P H E

                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                          ORDER

20.01.2023

Mr. B. Purkayashtha, learned counsel for the petitioners submits that the case of

the petitioners is squarely covered by the order of the Apex Court dated 18.02.2022

passed in SLP(C) No. 1109/2022 (State of Gujarat & Others -Vs- Talsibhai Dhanjibhai

Patel) and judgment dated 02.09.2019 passed by the Apex Court in Civil Appeal No.

6798/2019 (lead case) (Prem Singh -Vs- Uttar Pradesh & Others) the learned counsel

submits that the petitioners having rendered more than 30 years of service as Work

Charged employees under the PHE Department with regular pay scale superannuated

from their service but they have not been given any pension. The Apex Court in the Page No.# 3/3

referred cases had directed the respondent authorities concerned to grant pensionary

benefits to those persons who are similarly situated such as the present writ

petitioners. As such, appropriate directed may be issued to the respondents to grant

the petitioners pension.

Mr. S.M. Hasan, learned counsel appearing on behalf of Mr. P.N. Goswami,

learned Standing Counsel PHE Department submits that as per the instructions

received by him, the case of the petitioners is squarely covered by the judgment

rendered by the Division Bench of this Court in W.A No. 45/2014 (State of Assam -Vs-

Upen Das & Others) and therefore the petitioners are not entitled to pension. It is

further argued by the learned counsel for the petitioners that in the case of Upen Das

& Others (supra) the employees concerned were directed to be given the minimum

pay scale whereas, the present petitioners had been enjoying regular pay scale prior

to their superannuation and the same is not applicable.

To this submission, the learned counsel appearing for the PHE Department

submits that he may be given a few days time to examine the authorities relied upon

by the petitioners.

In view of above, matter be listed again in the 1 st week of February, 2023, on a

date to be fixed the Registry in the admission column for consideration.

JUDGE

Comparing Assistant