Disposed

Nripendra Kr. Deka v. the State of Assam and 6 Ors.

Gauhati HC10 Jan 2022WP(C)/2368/2020

Case brief

AI extract

What is this about?

This Court disposed of a writ petition filed by a retired Junior Engineer regarding non-awards of one financial up-gradation under the MACP Scheme. Finding that the respondents accepted the claim on principle and initiated the process, the matter was settled without further adjudication. The Court directed the authorities to complete the conferment of the benefit and consequential benefits within

What did the court decide?

Directing the respondent authorities to complete the process of conferment of the MACP Scheme benefit of one financial up-gradation to the petitioner within three months from the date of the order.

Nripendra Kr. Deka Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010078432020

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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)/2368/2020

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NRIPENDRA KR. DEKA

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S/O- LT. RUDRA KANTA DEKA, RETD. JUNIOR ENGINEER (SR. GRADE) PUBLIC HEALTH ENGINEERING, MANGALDAI DIVISION, R/OMANGALDAI WARD NO. 2, P.O. MANGALDAI, DIST.- DARRANG, ASSAM, PIN- 784125

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF PUBLIC HEALTH ENGINEERING, ASSAM CIVIL SECRETARIAT, DISPUR, GHY, ASSAM, PIN781006

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2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (WATER) ASSAM HENGARABARI GHY ASSAM PIN- 781036

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3:THE ADDL. CHIEF ENGINEER PHE TEZPUR ZONE GUNGUR DIST.- SUNITPUR ASSAM PIN- 784001

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4:THE SUPERINTENDENT ENGINEER PHE TEZPUR CIRCLE

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DIST.- SUNITPUR ASSAM PIN- 784001 5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING MANGALDAI DIVISION P.O. CHAPAI DIST.- DARRANG ASSAM PIN- 784125 6:THE COMM. AND SECY TO THE GOVT. OF ASSAM DEPTT. OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GHY-06 7:THE ACCOUNTANT GENERAL ASSAM (A AND E) ASSAM MAIDAMGAON BELTOLA GHY ASSAM PIN- 78102

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : SC, P H E

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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10.01.2022

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Heard Shri B. Purkayastha, learned counsel for the petitioner. Also heard Shri B. Choudhury, learned Standing Counsel, Public Health and Engineering (in short, PHE) Department and Shri R. Dhar, learned Standing Counsel, Accountant General (in short, AG), Assam.

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Both the respondents have filed their respective affidavit-in-opposition.

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This Court has noticed the stand of the respondents in their respective affidavit-inopposition and considering the same, the writ petition need not be detained any further.

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The petitioner was initially appointed in the Public Health Engineering Department as a Junior Engineer in the year of 1984. He was subsequently promoted to the post of Junior Engineer, (Senior Grade) w.e.f., 10.11.1995. The petitioner had retired from service on attaining the age of superannuation on 31.01.2017.

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It is the case of the petitioner that the Finance Department had issued a notification dated 17.03.2017 whereby MACP Scheme was introduced, which provided for 3(three) financial up-gradation of the employees, who were serving as on 01.01.2017. According to same, the petitioner would be entitled to one such financial up-gradation as he had completed 33 years of service before attaining the age of superannuation. As the benefit of said financial up-gradation was not given, the instant writ petition was filed.

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As indicated above, both the PHE Department and A.G., Assam has accepted the claim of the petitioner on principle. The Department in its affidavit dated 26.10.2021 has submitted that the proposal for grant of benefit of the said Scheme has already been sent to the Office of the A.G., Assam. The A.G., Assam in its affidavit dated 09.02.2021 submits that the papers have been received and the matter is under process.

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Considering the above, this Court is of the view that there is hardly any further scope or need of adjudication of the present issue. The writ petition is accordingly disposed of by directing the respondent authorities to complete the process of conferment of the benefit of the MACP Scheme to the petitioner so far as the grant of one financial up-gradation to him. The said process be completed within a further period of 3(three) months from today.

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It is needless to say that the grant of MACP Scheme would include all consequential benefits.

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The writ petition is accordingly disposed of.

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Comparing Assistant

Nripendra Kr. Deka v. the State of Assam and 6 Ors.

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Nripendra Kr. Deka v. the State of Assam and 6 Ors.

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