GEETA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition has been instituted under Article 226 of the Constitution of India with a claim for family pension. As per the facts projected, the husband of the petitioner was initially appointed as a Muster Roll Worker in the Public Works Department (PWD), Assam on 17/9/1981. Thereafter, vide an order dtd. 8/8/1996, his services were upgraded to Work Charged Chowkidar and was paid regular salaries in scale. It is also the case of the petitioner that her husband was given GPF. While in service, the husband of the petitioner expired on 2/11/2011 after serving about 30 years. The Service Book was also opened for the services rendered by her husband. After his demise, there was a recommendation on 15/5/2012 for regularization of his service. There was a further communication dtd. 26/11/2012 by the PWD whereby the application of the petitioner claiming GPF was forwarded to the Office of the Accountant General. The claim of the petitioner is that by dint of serving for a long period of time over 30 years, appropriate orders for regularization be issued so that the petitioner is entitled to the family pension.

(2.) I have heard Shri S. Das, learned counsel for the petitioner. I have also heard Shri R. Dhar, learned Standing Counsel for the Public Works Department and Shri P. Nayak, learned Standing Counsel both for the Finance Department and the BTC. Shri C. Boruah, learned Standing Counsel, Accountant General, Assam is also present.

(3.) Shri S. Das, learned counsel for the petitioner has submitted that by serving for 30 years, the husband of the petitioner has accrued a right for consideration of regularization of his service. He submits that even the Service Book was opened and after his upgradation as Work Charged Chowkidar in 1996, the husband of the petitioner was paid salary regularly in scale payment. It is also submitted that contribution and payment of GPF would indicate that for all practical purposes, the husband of the petitioner was deemed as a regular employee. The learned counsel for the petitioner accordingly submits that appropriate orders be passed for deeming the services rendered by the husband of the petitioner as regularized service and consequently family pension be released to her.