Allowed

Prabhat Borah v. the State of Assam and 5 Ors.

Gauhati HC4 Oct 2019WP(C)/7639/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted pensionary benefits to a retired former muster roll worker whose service was allegedly deducted on technical grounds. The court held the deduction impermissible based on a prior judgment and directed the release of benefits within three months.

What did the court decide?

Direction to release pensionary benefits within three months from receipt of certified copy, effective from 4.12.2018.

Prabhat Borah Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010247572019

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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) 7639/2019

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1:PRABHAT BORAH

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S/O LT. DURGESWAR BORAH, R/O UZARAGAON, P.S. UZARAGAON, DIST. NAGAON, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS.

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

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2:THE COMMISSIONER AND SECREATRY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR

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GUWAHATI-781006

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3:THE CHIEF ENGINEER IRRIGATION DEPTT. ASSAM CHANDMARI GUWAHATI-781003

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4:THE SUPERINTENDING ENGINEER NAGAON CIRLCE IRRIGATION NAGAON ASSAM

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5:THE EXECUTIVE ENGINEER NAGAON CAD DIVISION IRRIGATION JAKHALABANDHA

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NAGAON ASSAM

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6:THE SENIOR ACCOUNTS OFFICER O/O THE PRINCIPAL ACCOUNTANT GENERAL ASSAM BELTOLA GUWAHAT

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Advocate for the Petitioner : MR. S BARTHAKUR

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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 Ms. S. Kakati, learned counsel for the petitioner. Also heard Mr N. Upadhayay, learned Standing Counsel, Irrigation Department for the respondent nos. 1,3,4 and 5 and Mr D. Nath, learned Additional Senior Govt. Advocate for respondent No.2

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The petitioner was serving as a Muster Roll worker in the Executive Engineer, Kaliabor CAD Division (Irrigation), Jakhalabanda since 16.11.1986. 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 30.9.2009. The office of the Accountant General(A&E), Assam sanctioned only terminal gratuity of Rs 67,256/-. 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 can be disposed of at the stage without issuing any formal notice to the respondents. The petitioner from the date of his joining rendered 22 years 10 months 14 days qualifying service but the six years of initial engagement was deducted on the basis of the office memorandum

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dated 20.5.2005 resulting completed service of the petitioner to be 16 years 7 months 29 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

Prabhat Borah v. the State of Assam and 5 Ors.

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Prabhat Borah v. the State of Assam and 5 Ors.

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