Allowed

Khudi Ram Rabha v. the State of Assam and 6 Ors.

Gauhati HC19 Sept 2022WP(C)/5315/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the writ petition of a retired Muster Roll worker, directing respondent authorities to process his pension claim without deducting six years of pre-regularization service, subject to other admissibility rules.

What did the court decide?

Director the respondent authorities in the Irrigation Department to process the petitioner's pension claim without deducting six years of qualifying service.

Khudi Ram Rabha Vs the State of Assam and 6… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010160272022

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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)/5315/2022

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KHUDI RAM RABHA S/O LATE DHOLE RAM RABHA, VILL.- GUTHIAPARA, P.O.- DHANUBHANGA, P.S.- DHUPDHARA, DIST.- GOALPARA, PIN- 783130.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GUWAHATI- 781006.

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2:THE DEPUTY SECRETARY (E) TO THE GOVERNMENT OF ASSAM IRRIGATION DEPTT. DISPUR GUWAHATI- 781006. 3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT GOVT. OF ASSAM CHANDMARI GUWAHATI- 781003.

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4:THE EXECUTIVE ENGINEER DUDHNOI DIVISION IRRIGATION DUDHNOI GOALPARA ASSAM.

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5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PPG DEPTT.

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DISPUR GUWAHATI- 6.

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6:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 29. 7:THE TREASURY OFFICER GOALPARA

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : SC, AG

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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19.09.2022

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Heard Mr. SK Das, learned counsel for the petitioner, Ms. DS Neog, learned counsel for the respondents No. 1, 2, 3 and 4 being the authorities in the Irrigation Department of the government of Assam, Mr. R Borpujari, learned counsel for the respondent No. 7, Mr. D Borah, learned Junior Government Advocate for the respondent No. 5 being the authorities in the Pension and Public Grievance Department and Ms. N Lohe, learned counsel for the respondent No. 6 being the authorities in the Accountant General (A&E), Assam.

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The petitioner was engaged as a Muster Roll worker on 01.01.1992 in the office of the Executive Engineer, Dudhnoi Irrigation Division and his service was regularized on 22.07.2005. Upon completing the tenure of service, the petitioner retired upon attaining the age of superannuation on 28.02.2017. This writ petition is instituted on the grievance that the final pension of the petitioner had

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not been paid by the respondent authorities.

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It is stated that one of the issues involved is that the petitioner being originally a Muster Roll worker and subsequently regularized, six years of his service is sought to be deducted by the respondent authorities towards calculating the qualifying period. It is stated that the aforesaid issue had been decided by this Court in WP(C) No. 1089/2015 (Sanjita Roy –vs- State of Assam and others), by which it had been held that in case of Muster Roll workers subsequently regularized, the qualifying period cannot be calculated by deducting six years of service as Muster Roll workers.

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Consequently, this writ petition stands disposed of by directing the respondent authorities in the Irrigation Department to process the claim of pension of the petitioner by not deducting the six years of qualifying service for pension from his tenure as a Muster Roll worker. But, however, we clarify that the decision on payment of pension to the petitioner would be subject to admissibility otherwise under the Rules, but without deducting six years of service. It is stated that the proposal otherwise had already been submitted. If it is so, the respondents shall bring such proposal to its logical end.

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The writ petition is disposed of as indicated above.

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JUDGE

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Comparing Assistant

Khudi Ram Rabha v. the State of Assam and 6 Ors.

Case brief

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Khudi Ram Rabha v. the State of Assam and 6 Ors.

Case brief

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