Anowara Khatun vs The State Of Assam And 6 Ors
2023 Latest Caselaw 2346 Gua

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GAHC010257932022




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

                           Case No. : WP(C)/662/2023

         ANOWARA KHATUN
         W/O-LATE ABDUL HAMID SK, VILL- SUAPATA PY-V, P.O- SUAPATA, P.S-
         BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
         EDUCATION (ELEM) DEPTT, DISPUR, GHY- 781006

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM
          FINANCE ESTT-A DEPTT
          DISPUR
          GHY- 781006

         3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GHY- 781019

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          DHUBRI
         ASSAM

         5:THE BLOCK ELEMENTARY EDUCATION OFFICER
          BILASIPARA

         6:THE DEPUTY INSPECTOR OF SCHOOLS
          BILASIPARA
         ASSAM
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            7:THE TREASURY OFFICER
             BILASIPARA
            ASSA

Advocate for the Petitioner   : MR. N AHMED

Advocate for the Respondent : SC, ELEM. EDU




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 05.06.2023

Heard Md. I.H. Laskar, learned counsel for the petitioner. Also heard Mr. A. Baruah, learned Standing Counsel, PHE, Mr. A. Chaliha, learned Standing Counsel, Finance Department and Mr. A. Hasan, learned Standing Counsel, AG and Mr. S. Baruah, learned standing counsel appearing for respondent nos. 3 and 4.

Considering the subject matter, this writ petition is taken up for disposal at the admission stage.

The petitioner was working as a Muster Roll Worker since 16.12.1992 in the Department of Public Health Engineering in the Hailakandi Division. On 07.10.2005, the service of the petitioner was regularized as "Khalasi" under Grade- IV. The petitioner has retired from service on attaining the age of superannuation on 30.11.2017. The petitioner is aggrieved by the fact that he has not received the post retiral benefits on the ground of not meeting the period of qualified service.

The learned counsel for the petitioner submits that the issue involved had come up for consideration in a bunch of writ petition including the case of Page No.# 3/3

Sanjita Roy vs. The State of Assam & Ors. in WP(C) No.1089/2015 and this Court vide judgment dated 04.12.2018 had directed that while calculating the period of qualifying service, there should not be any deduction.

The Hon'ble Division Bench of this Court in the case of Binapani Das vs. The State of Assam & Ors. in WA No. 18/2021 vide order dated 26.02.2021 has clarified that the benefit has to be given from the date of the actual entitlement.

The learned Standing Counsel for the Department fairly submits that the facts projected by the petitioner would entitle him to the same benefits.

In view of the aforesaid facts & circumstances, the present writ petition stands allowed by directing the respondent authorities to give the same benefit to the petitioner as directed vide the judgment and order dated 04.12.2018 passed in WP(C) No. 1089/2015, read with the order dated 26.02.2021 of the Hon'ble Division Bench in WA. No. 18/2021.

In view of the aforesaid, the department shall be at liberty to adjust the terminal gratuity already paid on 23.05.2019 to the petitioner.

The Writ Petition is accordingly disposed of.

The entire exercise be completed expeditiously and preferably within a period of 2(two) months from the date of receipt of the certified copy.

JUDGE

Comparing Assistant