Gauhati High Court
Abdul Mozid vs The State Of Assam And 5 Ors on 19 January, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010008452024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/224/2024
ABDUL MOZID
S/O LATE ARFAN ALI,
RESIDENT OF VILLAGE- KHELUAPARA PART-V,
POLICE STATION- JOGIGHOPA,
DISTRICT- BONGAIGAON, ASSAM,
PIN- 783371.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR,
GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNEMENT OF
ASSAM
ADMINISTRATIVE REFORMS TRAINING AND PENSION AND PUBLIC
GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE CHIEF ENGINEER
IRRIGATION
ASSAM
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CHANDMARI
GUWAHATI-3.
5:THE ASSISTANT EXECUTIVE ENGINEER
BILASIPARA EAST SUB-DIVISION (IRRIGATION)
BILASIPARA.
6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-29
Advocate for the Petitioner : MR. C BHATTACHARYYA
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
19.01.2024
Heard Mr. C. Bhattacharyaa, learned counsel for the petitioner. Also heard
Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, Mr. A.
Chaliha, learned Standing Counsel, Finance Department and Ms. A. Talukdar,
learned Government Advocate, Assam.
The grievance of the petitioner is deduction of initial 6 (six) years of his
service as a Muster Roll Worker as per OM dated 20.05.2009, by the
respondents authorities while calculating pension. It is submitted that the
petitioner had rendered his services for 29 years 9 months but his qualifying
service was shown as 23 years 9 months after deduction of initial 6 years of
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service.
Consequently, the last pay drawn by the petitioner was reflected as
Rs.27,190/- (Rupees Twenty Seven Thousand One Hundred Ninety) and his
pension was accordingly calculated on that basis after deduction of initial 6 (six)
years of his service. Learned counsel for the petitioner submits that a
Coordinate Bench of this Court by judgment and order dated 04.12.2018 passed
in WP(C) no.1089/2015 [(Sanjita Roy & Ors. vs. State of Assam & Ors.) reported
in 2019 (2) GLT 805] held that such deduction of 6 years of service while
calculating the qualifying period of service is not reasonable and fair and
directions were issued to determine the continuous length of service of
employees since their service as Muster Roll Workers and if such services made
the Bench marks of 20 years, without any deduction the benefit of pension
should be made available to them. Placing reliance of the judgment and order
passed in Sanjita Roy (supra), learned counsel for the petitioner submits that
the deduction of 6 years from the service of the petitioner is contrary to the
findings of this Court.
Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department is
permitted to complete his instructions in the matter. The petitioner will furnish
extra copies of the petition to Mr. N. Upadhyay within a period of 7 (seven) days
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from today.
Matter be listed after 2 (two) weeks.
Pendency of the writ petition shall not be a bar to the respondents to
resolve the grievance of the petitioner.
JUDGE
Comparing Assistant
