Disposed

Jatindra Kumar v. the State of Assam and 2 Ors.

Gauhati HC7 May 2019WP(C)/3956/2017

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking arrears of salary and pensionary benefits. Directing respondent authorities to calculate entitlements from the date of reinstatement and release benefits within three months.

What did the court decide?

Directed respondent authorities to work out arrears of pay and pensionary benefits from reinstatement date and release them within three months.

Jatindra Kumar Vs the State of Assam and 2… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010029092017

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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) 3956/2017

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1:JATINDRA KUMAR

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S/O THANURAM KUMAR, R/O PALASHBARI, PO-PALASHBARI, DIST . KAMRUP, ASSAM

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VERSUS

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1:THE STATE OF ASSAM and 2 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CULTURAL AFFAIRS DEPTT., DISPUR, GUWAHATI-781006

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2:THE DIRECTOR OF CULTURAL AFFAIRS ASSAM RABINDRA BHAWAN GUWAHATI-781001

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3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM CULTURAL AFFAIRS DEPTT. DISPUR GUWAHATI-78100

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Advocate for the Petitioner : MS. P BORA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR.JUSTICE N. KOTISWAR SINGH order

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07-05-2019

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Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. D. Nath,

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learned Additional Senior Government Advocate, Assam.

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The grievance of the petitioner relates to non-payment of pensionary benefits and other entitlements accruing to him. The petitioner while serving as an Officer In-charge under Cultural Centre, Madhupur was placed under suspension in connection with certain Departmental Inquiry in which the charges were ultimately proved and accordingly, penalty of stoppage of one increment with cumulative effect with warning not to commit such offence in future was imposed. Further, it was directed that the period of suspension shall not be treated as on duty, rather it will be treated as no work no pay as per provision of F.R./S.R. 17(1), vide order of penalty dated 10.09.2014 and thereafter, he was reinstated in service.

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The grievance of the petitioner is that though the petitioner was reinstated in service pursuant to the said order and subsequently, he retired from service on 31.03.2019, on attaining the age of superannuation, but till date he has not been given the arrears of salary for the service rendered by him and also the pensionary benefits.

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Learned counsel for the petitioner submits that though some portion of the arrear salary has been paid with effect from October 2018, however, that will not suffice as the

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petitioner will be entitled to the salaries for the service rendered by him upon his reinstatement in service by the aforesaid order.

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Further, the petitioner also cannot be denied his retiral and other pensionary benefits as the petitioner had been given the penalty by the aforesaid order dated 10.09.2014, which will not come in the way of grant of retiral and pensionary benefits of the petitioner.

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In view of above, the present petition is disposed of with the direction to the authorities to work out the entitlements of the petitioner as far as the arrears of pay and

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salaries are concerned from the date of reinstatement to service pursuant to the said order dated 10.09.2014 till retirement and also workout the pensionary benefits and release the same to the petitioner.

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It goes without saying that the petitioner would be also entitled to all the benefits like revision of pay and others, granted to other employees.

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The aforesaid exercise shall be undertaken by the respondent authorities within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Jatindra Kumar v. the State of Assam and 2 Ors.

Case brief

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Jatindra Kumar v. the State of Assam and 2 Ors.

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