MONSING TISSO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Borah, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned counsel for the respondent Nos. 1, 3, 4 and 5, Mr. A.H. Chetri, learned counsel for respondent No. 2 and Mr. C. Baruah, learned Standing Counsel, Accountant General, for respondent No. 6. Praying for a direction to the respondent authorities to release the pension, gratuity and all other admissible retirement benefits, the instant writ petition has been filed by the petitioner invoking power under Article 226 of the Constitution of India.

(2.) Petitioner's case in brief is that the petitioner had joined as Muster Roll Labourer on 6.6.1987 in the office of the Executive Engineer, PWD (Roads), Umpanai Division, Ulukunchi in the district of Karbi Anglong. He retired from service on 31.7.2007, i.e. he served the department continuously without any break for 20 years and without any blemish. During the tenure of services as Muster Roll Worker, the Government of Assam framed a scheme for regularisation of service of the Muster Roll Labourers. Accordingly, as per office order No. 32 dated 7.10.2005 issued by the respondent No. 4, the service of the petitioner was brought to regular cadre in the scale of pay of Rs. 2450-40-2770-EB-60-3490-90-3670 per month and other allowances as admissible from time to time with effect from 22.7.2005. Alongwith the petitioner, other similarly situated 30 Muster Roll Labourers ('MRL' for short) were also brought to the regular cadre in the same scale of pay as allowed to the petitioner. Respondent No. 4 vide office order No. 20 released the petitioner from the department on his attaining the age of superannuation on 31.7.2007. The respondent No. 4, thereafter, vide letter dated 27.11.2007 submitted before the respondent No. 6 the pension papers of the petitioner alongwith the original service book. However, the pension papers which were sent by the respondent No. 4 to the respondent No. 6 were returned by the respondent No. 6 asking respondent No. 4 to submit the Service Roll of petitioner. On coming to know about the same, the petitioner had visited the office of the respondent authorities on several occasions and requested the authority concerned for payment of pension alongwith the other retirement benefits. However, till date, the authority has not released the pension, retirement benefits etc. to the petitioner and hence, the instant application with the aforesaid prayer.

(3.) Mr. Bora, learned counsel for the petitioner has brought to the notice of the Court the office memorandum dated 20.5.2009 and 18.10.2010. The same being relevant are quoted hereinbelow:--