Allowed

Sarbeswar Nath v. the State of Assam and 5 Ors.

Gauhati HC3 Jun 2019WP(C)/2621/2019

Case brief

AI extract

What is this about?

Petitioner challenged pension calculation excluding a regularized service period. Relying on WP(C) No.1089/2015, the Court held entire service must be counted and directed authorities to finalize pension within three months.

What did the court decide?

Petition disposed directing respondents to calculate pensionary benefits within three months, counting entire service from initial appointment and granting benefits from 04.12.2018.

Sarbeswar Nath Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010084522019

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

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Case No. : WP(C) 2621/2019

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1:SARBESWAR NATH

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S/O. LT. GHATO RAM NATH, R/O.- VILL. CHITALMARI, BONGAON, P.O. TIPLAI, DIST.- GOALPARA, ASSAM, PIN- 783130.

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPTT., ASSAM, DISPUR, GHY.-06.

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2:THE COMM. AND SECY. GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPTT. DISPUR ASSAM GHY.-06.

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3:THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI-3.

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4:THE ACCOUNTANT GENERAL ( A AND E ) ASSAM MAIDAMGAON GHY.-29.

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5:THE EXECUTIVE ENGINEER PWD GOALPARA RURAL ROADS DIVISION GOALPARA

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DIST. GOALPARA (ASSAM) PIN- 783101.

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6:THE TREASURY OFFICER GOALPARA TREASURY GOALPARA DIST.- GOALPARA (ASSAM) PIN- 783101

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Advocate for the Petitioner : MR. K R PATGIRI

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 03-06-2019

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Heard Mr. K.R. Patagiri, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned Government Advocate for the State respondents, Mr. R. Boro, learned Standing Counsel for the A.G and Mr. P. Nayak, learned Standing Counsel for the Finance Department.

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It has been fairly submitted at the bar that the present petition is covered by the decision rendered by this Court in WP(C) No.1089/2015 and others wherein this Court had held that at the time of computation of the qualifying period for grant of pension, it is no more permissible for the State to deduct any period of service rendered by any Muster Roll worker, whose service is subsequently regularized.

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It has been clarified in that aforesaid decision that once a Muster Roll Worker has been regularized in service, the entire period of service rendered by such Muster Roll Worker, will be counted from the initial date of appointment for the purpose of calculation of the qualifying service for grant of pensinary benefits.

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In the present case, the petitioner was initially appointed as a Muster Roll Worker on 12.08.1989 and his service was regularized vide order dated 22.07.2005 and he retired from service on 31.03.2014. Accordingly, the entire service rendered by the petitioner from initial

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date of appointment on 12.08.1989 upto 31.03.2014 will be counted for the purpose of pensionary benefits in terms of the aforesaid decision of this Court.

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It has been submitted by the learned counsel for the petitioner that the petitioner had rendered 24 years 07 month and 19 days of service.

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In view of the above, present petition is disposed of with the direction to the respondent authorities to workout the pensionary benefit of the petitioner by taking into account the entire period of length of service rendered by him as mentioned above, which exercise shall be undertaken within a period of 3(three) months from the date of receipt of a certified copy of this order. If any terminal benefit had been granted to the petitioner, it may be adjusted at the time of finalization of the pension. The pensionary benefit will be granted from the date of 04.12.2018 i.e. the date of judgment as referred above.

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JUDGE

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Comparing Assistant

Sarbeswar Nath v. the State of Assam and 5 Ors.

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Sarbeswar Nath v. the State of Assam and 5 Ors.

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