Allowed

Sankar Dev Baral v. the State of Assam and 6 Ors.

Gauhati HC3 Oct 2019WP(C)/7537/2019

Case brief

AI extract

What is this about?

Retired state employee challenged denial of superannuation pension and gratuity due to alleged deduction of initial service years. The court followed a prior ruling invalidating such deductions. The petition was disposed of by directing respondents to calculate and release pensionary benefits from the date of the prior order.

What did the court decide?

Direction to respondent authority to calculate and release pensionary benefits within three months.

Sankar Dev Baral Vs the State of Assam and 6… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010244752019

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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) 7537/2019

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1:SANKAR DEV BARAL

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S/O- LT NISHIT RANJAN BARAL, R/O- VILL- WARD NO. 14, BILASIPARA, P.O. BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPTT., HENGRABARI, GHY- 36

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2:THE UNDER SECRETARY GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GHY-06

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3:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING ASSAM, GHY-36

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4:THE COMM. AND SECY. GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR, GHY-06

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5:THE ACCOUNTANT GENERAL (A AND E)/ (AUDIT) ASSAM, MAIDAMGAON BELTOLA, GHY- 29

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6:THE SENIOR ACCOUNTS OFFICER OFFICE OF THE ACCOUNTANT GENERAL (A AND E) ASSAM, MAIDAMGAON, BELTOLA, GHY-29

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7:THE EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION DHUBRI, P.O. AND DIST- DHUBRI, PIN- 78313

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Advocate for the Petitioner : MR. M KALITA

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Advocate for the Respondent : SC, P H E

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BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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Date : 03-10-2019

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Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. C. Baruah, learned Standing Counsel, Accountant General(A & E), Mr. D. Nath, learned Additional Senior Govt. Advocate for the State respondents and Mr. P. Nayak , learned Standing Counsel Finance Department.

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The petitioner was serving as a Muster Roll worker in the Department of Public Health Engineering(PHE) under Dhubri Division, Dhubri since 1991. Thereafter his post was regularized w.e.f. 22.7.2005 and was allowed regular scale of pay. After rendering continuous service he retired from service on attaining the age of superannuation on 28.2.2017. The office of the Accountant General(A&E), Assam sanctioned only terminal gratuity . But the other benefits like monthly superannuation pension and death cum retirement gratuity (DCRG) were not sanctioned on the ground that the petitioner had not completed 20 years of net qualifying service.

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Considering the nature of this case this court is of the view that the present petition

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can be disposed of at the stage without issuing any formal notice to the respondents. The petitioner from the date of his joining rendered 25 years 3 months 27 days qualifying service but the six years of initial engagement was deducted on the basis of the office memorandum dated 20.5.2005 resulting service of the petitioner is taken to be 19 years 3 months 27 days. Accordingly the office of the Accountant General, Assam only sanctioned the terminal gratuity . But impliedly refused to sanction the superannuation pension only on the ground that the 20 years service is not completed by the petitioner.

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In WP(C) 1089/2015 decided on 4.12.2018, it was held that the said deduction of six years as impermissible by this court. The legal position is not controverted by the learned counsel for the respondent authority. For the said reason, I am of the opinion that the petitioner would be entitled to the pensionary benefits as the petitioner has more than 20 years of service in his credit from the date of appointment.

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Accordingly this petition is disposed of with a direction to the respondent authority to calculate the pensionary benefits of the petitioner and release the same within a period of three months from the date of receipt of certified copy of this order. It is further clarified that the pensionary benefit will be granted from the date of order dated 4.12.2018 as have been done in other similar cases. Any terminal benefits if granted to the petitioner the same may be adjusted at the finalization of the pension.

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JUDGE

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Comparing Assistant

Sankar Dev Baral v. the State of Assam and 6 Ors.

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Sankar Dev Baral v. the State of Assam and 6 Ors.

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