Disposed

Dinesh Chandra Deka v. the State of Assam and 3 Ors.

Gauhati HC17 Dec 2021WP(C)/5969/2019

Case brief

AI extract

What is this about?

Three petitioners retired as Grade-IV employees without receiving pensionary benefits. The Gauhati High Court directed the Assam Khadi and Village Industries Board and the State to pay leave encashment and dues within two months in lieu of refunding writ petitions.

What did the court decide?

Direction to respondents to pay leave encashment and all other payable dues to petitioners within two months.

Dinesh Chandra Deka Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010257732019

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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)/7811/2019

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BONGSHI DHAR DAS

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S/O- LATE DALIM CH DAS, VILL- DEURIPARA, P.O- BONGAIGAON, P.S AND DIST- BONGAIGAON, ASSAM, PIN- 783380

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VERSUS

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THE STATE OF ASSAM AND 3 ORS TO BE REP. BY THE SECRETARY, HANDLOOM, TEXTILE AND SERICULTURE DEPTT, ASSAM, DISPUR, GUWAHATI- 6

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2:THE ASSAM KHADI AND VILLAGE INDUSTRIES BOARD TO BE REP. BY ITS CHAIRMAN CHANDMARI GUWAHATI- 03

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3:THE CHAIRMAN OF ASSAM KHADI AND VILLAGE INDUSTRIES BOARD

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CHANDMARI GUWAHATI- 3

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4:THE CEO ASSAM KHADI AND VILLAGE INDUSTRIES BOARD CHANDMARI GHY-

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Advocate for the Petitioner : MR. A MANNAF

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/4

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Linked Case : WP(C)/5968/2019 BIREN BAISHYA S/O. LT. MANIRAM BAISHYA VILL. AND P.O. MOROWA P.S. KONARKUCHI DIST. NALBARI ASSAM PIN-781335. VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY THE SECRETARY HANDLOOM TEXTILE AND SERICULTURE DEPTT. ASSAM DISPUR GUWAHATI-06. 2:THE ASSAM KHADI AND VILL. INDUSTRIES BOARD TO BE REP. BY ITS CHAIRMAN CHANDMARI GUWAHATI-03. 3:THE CHAIRMAN OF ASSAM KHADI AND VILL. INDUSTRIES BOARD CHANDMARI GUWAHATI-03. 4:THE CHIEF EXECUTIVE OFFICER ASSAM KHADI AND VILL. INDUSTRIES BOARD CHANDMARI GHY.-03. -----------Advocate for : MR. A MANNAF Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.

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Linked Case : WP(C)/5969/2019

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DINESH CHANDRA DEKA S/O. LT. KALA RAM DEKA VILL. AND P.O. HELACHA

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Page No.# 3/4

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P.S. BELSOR DIST. NALBARI ASSAM PIN-781388.

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VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY THE SECRETARY HANDLOOM TEXTILE AND SERICULTURE DEPTT. ASSAM DISPUR GUWAHATI-06. 2:THE ASSAM KHADI AND VILL. INDUSTRIES BOARD TO BE REP. BY ITS CHAIRMAN CHANDMARI GUWAHATI-03. 3:THE CHAIRMAN OF ASSAM KHADI AND VILL. INDUSTRIES BOARD CHANDMARI GUWAHATI-03. 4:THE CHIEF EXECUTIVE OFFICER ASSAM KHADI AND VILL. INDUSTRIES BOARD CHANDMARI GHY.-03. -----------Advocate for : MR. A MANNAF Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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17.12.2021

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Heard Mr. A. Mannaf, learned counsel for the petitioner and Mr. P.K. Munir, learned counsel for the respondent nos.2 & 4.

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Page No.# 4/4

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The petitioners’ case is that the petitioner in WP(C) 7811/2019 retired on 31.03.2019; the petitioner in WP(C) 5968/2019 retired on 13.07.2018 and the petitioner in WP(C) 5969/2019 retired on 31.12.2017, after serving as Teli/Salesman/Peon (Grade-IV) in the Bongaigaon Oil Ghani Centre/District office, Nalbari/Bahjani K.P.C. Nalbari District. The petitioners not having received the pensionary benefits have filed the present writ petitions.

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Mr. P.K. Munir, learned counsel for the respondent nos.2 & 4 submits that the petitioners have been given their Gratuity & Provident Fund and Leave Encashment will be given within a few days.

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Mr. A. Mannaf, learned counsel for the petitioners submits that these writ petitions can be disposed of, if a direction is issued to the respondents to pay the petitioners their Leave Encashment within a specified time period, along with other dues that may be payable to the petitioners.

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In view of the submissions made by the counsels for the parties, the respondent nos.2 & 4 are directed to pay to the petitioners their Leave Encashment and all other payable dues, within a period of 2 (two) months from the date of receipt of a certified copy of this order.

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The writ petitions are accordingly disposed of.

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JUDGE

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Comparing Assistant

Dinesh Chandra Deka v. the State of Assam and 3 Ors.

Case brief

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Dinesh Chandra Deka v. the State of Assam and 3 Ors.

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