Disposed

Jayanta Kumar Banik v. Sanjeeb Kr. Das and 3 Ors.

Gauhati HC6 Sept 2019Cont.Cas(C)/311/2019

Case brief

AI extract

What is this about?

In a contempt application alleging violation of a writ order granting voluntary retirement, the Court held that the order was substantially complied with. It directed the Panchayat and Rural Development Department to pay provisional pension, final pension, and other dues within six months.

What did the court decide?

Petitioner to receive provisional and final pension, arrear salary, and retirement benefits within 6 months.

Jayanta Kumar Banik Vs Sanjeeb Kr. Das and 3… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010123302019

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

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Case No. : Cont.Cas(C) 311/2019

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1:JAYANTA KUMAR BANIK

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S/O- LATE JAGADISH CHANDRA BANIK, WARD NO. 15, SUBHASH NAGAR, NEAR SAMSHAN KALIBARI (BANAMALI), KARIMGANJ, ASSAM, PIN788710

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VERSUS

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1:SANJEEB KR. DAS AND 3 ORS.

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ACS, COMMISSIONER AND SECRETARY, PANCHAYAT AND RURAL DEVELOPMENT DEPTT, JURIPAR, PANJABARI, GUWAHATI- 37

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2:M S MANIVANNAN IAS THE DEPUTY COMMISSIONER KARIMGANJ ASSAM PIN- 788710

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3:AMALENDU ROY THE PROJECT DIRECTOR DRDA KARIMGANJ ASSAM PIN- 788710

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4:SUJIT DAS THE BLOCK DEVELOPMENT OFFICER LOWAIRPUA DEVELOPMENT BLOCK P.O- HATHIKIRA VILL- LOWAIRPOA DIST- KARIMGANJ ASSAM PIN- 78872

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Advocate for the Petitioner : MR. D HUSSAIN

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Advocate for the Respondent : MR. M NATH

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 06-09-2019

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Heard Ms. C.M. Deka, learned counsel for the petitioner; Mr. M. Nath, learned counsel for respondent No.1 and Mr. T.U. Laskar, learned counsel for respondent Nos.2 to 4.

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This is an application filed by the petitioner alleging willful and deliberate violation of the order of the writ Court dated 26.11.2018 passed in WP(C) No.8049/2018 ( Jayanta Kumar Banik Vs. State of Assam ).

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Petitioner was a Junior Engineer in the Panchayat and Rural Development Department, Government of Assam. He had given notice to go on voluntary retirement on 25.09.2017 but he was not allowed to go on voluntary retirement; instead, his pay was stopped.

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With the above grievance, related writ petition came to be filed.

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On 26.11.2018, this Court disposed of the writ petition by directing the respondents to consider the case of the petitioner for voluntary retirement and issue necessary order within two months and thereafter to release his pensionary dues within a reasonable time but not later than three months thereafter.

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With the grievance that the aforesaid order was not complied with, present application was filed.

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Respondent Nos.2 to 4 have filed a common affidavit on 25.07.2019. On the other hand, respondent No.1 filed affidavit on 27.08.2019.

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In their common affidavit, respondent Nos.2 to 4 have stated that the appointing authority, i.e., Commissioner and Secretary to the Government of Assam, Panchayat and Rural Development Department had passed order dated 26.11.2018 accepting voluntary retirement of the petitioner. Necessary steps have been taken for release of arrear salary and pension to

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the petitioner.

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Respondent No.1 in his affidavit has referred to notification dated 01.07.2019 whereby petitioner was allowed to go on voluntary retirement from service with effect from 02.07.2019 on his personal prayer petition, total length of service rendered by the petitioner at the time of voluntary retirement being 21 years and one month. Thereafter, Government sanction was conveyed to the Accountant General for payment of provisional pension to the petitioner and other retirement benefits.

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After hearing learned counsel for the parties and on due consideration, Court is of the view that order of the writ Court dated 26.11.2018 has been substantially complied with. Therefore, Court would not like to proceed further with the contempt proceeding. However, Panchayat and Rural Development Department, Government of Assam is directed to ensure that petitioner receives provisional pension and thereafter final pension amount within a period of 6 months from the date of receipt of a certified copy of this order and other dues including arrear salary and retirement benefits should be paid to the petitioner within the aforesaid period.

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Contempt petition is disposed of.

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JUDGE

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Comparing Assistant

Jayanta Kumar Banik v. Sanjeeb Kr. Das and 3 Ors.

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Jayanta Kumar Banik v. Sanjeeb Kr. Das and 3 Ors.

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