Dhairjya Ram Kalita Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Dhairjya Ram Kalita Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondent authorities to verify the petitioner's service particulars and, if entitled to payment of arrear pension under the Guwahati Municipal Corporation Employees (Pension) Regulation, 2015, to pay the same, completing the exercise within four months of receipt of a certified copy of the order; writ petition disposed of on the consent of the parties.

Issue for consideration

Whether the petitioner, a regular employee of the Guwahati Municipal Corporation since 02.02.1970 who was appointed prior to 01.02.2005 and retired as Deputy Commissioner on 31.01.2011, is entitled to arrear of pensionary benefits under the Guwahati Municipal Corporation Employees (Pension) Regulation, 2015 with effect from his date of retirement, having been granted pension only from January, 2016.

Court's answer

The Court held that its earlier orders dated 13.03.2019 in WP(C) No.5085/2017 and dated 27.10.2022 in WP(C) No.6822/2022 cover the case of the present petitioner.

Ratio / Principle

In view of the foregoing and on the consent of the parties, the respondent authorities were directed to verify the service particulars of the petitioner and, if he is entitled to payment of arrear pension in terms of the Guwahati Municipal Corporation Employees (Pension) Regulation, 2015, to pay the same to him.

Key takeaways

The verification-and-payment exercise directed above shall be undertaken within a period of four months from the date of receipt of a certified copy of the order.ratio¶29

Detailed headnote1 paragraphs

Gauhati High Court, order dated 04-06-2025 (Kardak Ete, J.) in WP(C)/3548/2024: A retired Deputy Commissioner of the Guwahati Municipal Corporation, a regular employee since 02.02.1970 appointed prior to 01.02.2005, who retired on 31.01.2011 but was paid pension only from January, 2016, sought release of arrears of pensionary benefits under the Guwahati Municipal Corporation Employees (Pension) Regulation, 2015 from his date of retirement. Counsel for both sides submitted that this Court's orders dated 13.03.2019 in WP(C) No.5085/2017 and dated 27.10.2022 in WP(C) No.6822/2022 covered the petitioner's case; the Court agreed that the referred orders covered the case and, on the consent of the parties, directed the respondents to verify the petitioner's service particulars and, if entitled to arrear pension under the 2015 Regulation, to pay the same, the exercise to be completed within four months of receipt of a certified copy of the order. Writ petition disposed of accordingly.

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GAHC010138662024

2025:GAU-AS:7272

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3548/2024

DHAIRJYA RAM KALITA C/O- MAMARIYA RAM KALITA, R/O- VILL. NABURKA SATRA, P.O. KSUDRA DIMU, P.S. RANGIA, DISTRICT- KAMRUP, ASSAM- 781382, PH- 9577506676, 9859435309

VERSUS

1.THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, GUWAHATI DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT DISPUR GUWAHATI- 781006

3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI- 781006

4:THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI- 781001 ASSAM REPRESENTED BY ITS COMMISSIONER

5:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI ASSAM- 78100

Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MR J SINGH,MS M ZOMUANPUII,MR H AGARWAL

Advocate for the Respondent : SC, GMC, SC, FINANCE DEPTT.

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 04-06-2025

Heard Ms. M. Zomuanpuii, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel, Guwahati Municipal Corporation (GMC) for respondent Nos.1, 4 and 5; Mr. R. Borpujari, learned Standing Counsel, Finance Department for respondent No.2 and Ms. A. Talukdar, learned Government Advocate, Assam for respondent No.3.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the arrear of pensionary benefits to him in accordance with the provisions of Guwahati Municipal Corporation Employees (Pension) Regulation, 2015 for the period from the date of his retirement from service i.e. 31.01.2011.

3. The petitioner was working as Deputy Commissioner, Guwahati Municipal Corporation and retired from service on 31.01.2011.

4. The grievance raised by the petitioner is to the effect that as he was a regular employee of the Guwahati Municipal Corporation since 02.02.1970 who had been appointed prior to 01.02.2005, he is entitled to the pensionary benefits under the relevant Regulations, namely, Guwahati Municipal Corporation Employees (Pension) Regulation, 2015 with effect from the date of his retirement i.e. 31.01.2011. However, the respondent authorities have denied the same by granting him pension only from January, 2016.

5. Learned counsel for the parties have submitted that the order of this

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Court dated 13.03.2019 passed in WP(C) No.5085/2017 and the order dated 27.10.2022 passed in WP(C) No.6822/2022 covers the case of the petitioner. Therefore, they have fairly submitted that the matter may be disposed of granting similar relief to the petitioner.

6. Having perused the order dated 13.03.2019 passed in WP(C) No.5085/2017 and the order dated 27.10.2022 passed in WP(C) No.6822/2022, this Court is of the view that the above referred orders cover the case of the present petitioner.

7. In view of above and on the consent of the parties, the respondent authorities are directed to verify the service particulars of the petitioner and if the petitioner is entitled to payment of arrear pension in terms of Guwahati Municipal Corporation Employees (Pension) Regulation, 2015, the same shall be paid to him.

8. The exercise, as directed above, shall be undertaken within a period of 4(four) months from the date of receipt of a certified copy of this order.

9. Writ petition stands disposed of, accordingly.

JUDGE

Comparing Assistant