SARMENT TERANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Talukdar, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Junior Govt. advocate appearing for respondent Nos. 1 and 2, Ms. M. Kemprai, learned counsel appearing for respondent Nos. 3 and 5 and Mr. A. Hasan, learned counsel appearing for respondent No. 4.

(2.) In this writ petition under Article 226 of the Constitution of India the case projected by the petitioner is that he was initially appointed as casual muster roll worker in the establishment of the Executive Engineer, PWD, Dokmoka Road Division, Dokmoka, Assam and pursuant to Govt. letter No. ADT. 712005133 dated 30.09.2005 his service was regularised w.e.f. 22.07.2005 and accordingly, the petitioner superannuated from his service on 31.03.2012. It is projected that due to submission of incomplete pension proposal by the PWD Officials, the pension proposal of the petitioner was returned to the respondent No. 3 by the office of the Under Secretary to the Govt. Of Assam, Public Works Roads Department (Audit) Branch with a direction to check and prepare the pension papers thoroughly and to resubmit the same in complete and correct shape at an early date. It is projected that since 25.04.2014, when the pension papers were returned, the petitioner has been moving from pillar to post but the pension due to the petitioner has not been released till date although the petitioner had superannuated on 31.03.2012. It is submitted that this Court in the case of Sanjita Roy Vs. State of Assam and Others, WP(C) No. 10892015 disposed of by judgment and order dated 04.12.2018, had held that if a muster roll worker meets the bench mark of 20 years without any deduction, the benefit of pension should be made available to them without any deduction of any period from their service while calculating 20 years of continuous service. The relevant paragraph 30 and 31 of the said judgment is reproduced herein below :

(3.) Accordingly, the learned counsel for the petitioner has prayed that the respondent No. 1,2 and 3 be directed to submit his pension papers before the Accountant General (A&E), Assam with a further direction to the said authority to finalise his pension and gratuity by calculating the period of his service regularised.