Allowed

Joynal Abedin v. the State of Assam and 6 Ors.

Gauhati HC4 Oct 2019WP(C)/7603/2019

Case brief

AI extract

What is this about?

The petitioner, a retired muster roll worker, was denied pension and gratuity because his qualifying service was calculated as less than 20 years after a six-year deduction. The court, relying on a previous decision holding such deduction impermissible, directed the respondent to calculate and release pensionary benefits.

What did the court decide?

The public works department directed to calculate the petitioner's pensionary benefits and release them within three months, effective from 4.12.2018.

Joynal Abedin Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010248332019

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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) 7603/2019

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1:JOYNAL ABEDIN

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S/O LT. JABAD ALI, R/O VILL. BUDUCHAR, P.O. DOLGOMA, DIST. GOALPARA, ASAM, PIN-783125

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPTT. DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPTT. DISPUR GUWAHATI-6

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. ASSAM DISPUR GUWAHATI-6

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

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5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29

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6:THE EXECUTIVE ENGINEER PWD GOALPARA RURAL ROADS DIVISION GOALPARA DIST. GOALPARA ASSAM PIN-783101

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7:THE TREASURY OFFICER GOALPARA TREASURY DIST. GOALPARA ASSAM PIN-78310

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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 PRASANTA KUMAR DEKA

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ORDER

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Date : 04-10-2019

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Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Govt. Advocate for the State respondent, Mr. R. Talukdar, learned Standing Counsel, Finance Department and Mr. P. Nayak , learned Standing Counsel Finance Department.

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The petitioner was serving as a Muster Roll worker in the Executive Engineer, PWD, Goalpara Rural Roads Division, Goalpara, Assam since 18.6.1987 . 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 30.6.2011. 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 24 years 12 days qualifying service but the six years of initial engagement was deducted on the basis of the office memorandum dated 20.5.2005 resulting completed service of the petitioner to be 18 years 12 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

Joynal Abedin v. the State of Assam and 6 Ors.

Case brief

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Joynal Abedin v. the State of Assam and 6 Ors.

Case brief

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