Gauhati High Court
Md. Samad Ali vs The State Of Assam And 6 Ors on 22 January, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010215702024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5470/2024
MD. SAMAD ALI
SON OF LATE MINNAT ALI, RESIDENT OF VILL- BATABARI, P.S. AND P.O.
DALGAON, DIST- DARRANG, ASSAN, PIN- 784116
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-6
3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
4:THE CHIEF ENGINEER
IRRIGATION DEPARTMENT
ASSAM
CHANDMARI
GUWAHATI-3
5:THE ACCOUNTANT GENERAL (A AND E)
ASSAM MAIDAMGAON
BELTOLA
GUWAHATI-29
6:THE EXECUTIVE ENGINEER
Page No.# 2/6
MANGALDAI-DALGAON-SIPAJHAR DIVISION (IRRIGATION)
MANGALDAI
ASSAM
PIN- 784125
7:THE TREASURY OFFICER
MANGALDAI TREASURY
DIST.- DARRANG
ASSAM
PIN- 78412
Advocate for the Petitioner : MR. K R PATGIRI, MS K BARMAN,MS. D. DEVI
Advocate for the Respondent : GA, ASSAM, SC, AG (A AND E),SC, IRRIGATION,SC, FINANCE
DEPTT.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
22.01.2025
Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr.
N. Upadhyay, learned Standing Counsel, Irrigation Department for the
respondent nos. 1, 4 & 6, Mr. D. Bora, learned Government Advocate, Assam for
the respondent no.2, Mr. M. Bhuyan, learned counsel for the respondent nos. 3
& 7 and Mr. B. Chakravarty, learned Standing Counsel, AG for the respondent
no.5.
Learned counsel for the petitioner submits that issues involved in this writ
petition are akin to the issues which were decided by a Co-ordinate Bench of
this Court in W.P.(C). No. 1089/2015 (Sanjita Roy & Ors. Vs. State of
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Assam & Ors.), reported in 2019 (2) GLT 805 as well as W.A. No.18/2021 and
other connected appeals which were disposed of by the Hon'ble Division Bench
of this Court vide judgment and order dated 26.02.2021 and therefore, prays to
dispose of the present writ petition in terms of the order passed in WP(C)
No.1089/2015.
The learned counsel for the parties have been heard. Pleadings on record
have been carefully perused.
Upon perusal of the pleadings on record, it is seen that a Co-ordinate
Bench of this Court, by Judgment and Order dated 04.12.2018, passed in
W.P(C) No. 1089/2015 (Sanjita Roy Vs. State of Assam and Ors.) , has held
that where a Muster Roll employee has completed 20 years of continuous
service, the entire period of service would be counted for pensionary benefits
and no deduction of the period of service shall be made in terms of the Office
Memorandum dated 20.05.2009.
Subsequently, another Coordinate Bench of this Court by following the
decision taken by this Court in Sanjita Roy (supra) disposed of WP(C)
4027/2019 (Bahadur Pradhan vs. State of Assam and Others) and other
connected writ petitions by order dated 21.06.2019. However, the later
Coordinate Bench held that since the earlier order of the Court was passed on
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04.12.2018 in Sanjita Roy (supra), the benefits granted to the petitioners in
Bahadur Pradhan (supra) and the connected writ petitions will be granted
only from 04.12.2018. This was followed in another set of writ petitions, which
came to be disposed of by judgment and order dated 13.10.2019, in which the
lead case being WP(C) 8713/2019 (Braza Kumar Baruah vs. the State of Assam
& 6 Ors). These bunch of writ petitions were also disposed of granting similar
reliefs that the petitioners therein would be entitled to get pension under the
New Pension Scheme w.e.f. 04.12.2018. It is against this order dated
13.10.2019 passed in WP(C) 8713/2019 that the petitioners therein filed intra
Court appeals before this Court, the lead case being WA No. 18/2021 (Bina Pani
Das vs. The State of Assam & 12 Ors). The Division Bench of this Court, by
judgment and order dated 26.02.2021, passed in WA No. 18/2021 and other
connected appeals, held that putting a condition that the benefit of the order
passed by this Court in WP(C) 1089/2015 [ Sanjita Roy (supra)] will be
effective only from the date of the judgment, which is 04.12.2018, is not correct
and, more particularly when there was no such embargo in the order dated
04.12.2018 passed by the learned Single Judge in WP(C) 1089/2015 [ Sanjita
Roy (supra)]. The Division Bench held that an order of the Court is always
retrospective in nature unless it is specifically made prospective in the order
itself. This is because the Courts do not legislate, but only interpret an existing
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law. The Division Bench further held that the order dated 04.12.2018 is
retrospective in nature and it would, therefore, include all similarly situated
Muster Roll Workers irrespective of the dates of retirement, provided they are
covered by the benefits given to them earlier, and were already availing pension.
The writ appeals were accordingly allowed and the earlier orders passed by the
Coordinate Benches restricting the benefit of granting pension with effect from
the date of judgment rendered in the case of Sanjita Roy (supra) were set
aside.
Having heard the learned counsel for the parties and upon careful perusal
of the pleadings available on record along with the Judgment and order dated
04.12.2016, passed by the learned Single Judge in WP(C) 1089/2015 [ Sanjita
Roy (supra)] as well as the Judgment and order dated 26.02.2021, passed the
Division Bench in WA No. 18/2021 and other connected appeals, this Court is of
the considered view that the issues raised in this writ petition stands covered by
the judgment of the Division Bench rendered in WA No. 18/2021 and other
connected writ appeals.
In that view of the matter, this writ petition is allowed. It is made clear
that the petitioner herein stands covered by the directions contained in the
order dated 04.12.2018, passed by the learned Single Judge in Sanjita Roy
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(supra) as upheld by the Division Bench by the order dated 26.02.2021, passed
in WA No. 18/2021 and other connected writ appeals. Accordingly, the petitioner
is held entitled for grant of pension. The pension and other benefits that may
accrue to the petitioner is directed to be released forthwith, without further
delay.
Writ petition, accordingly, stands disposed of.
JUDGE
Comparing Assistant
