HIREN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.C. Borah, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Govt. Advocate appearing for the respondent Nos. 1, 2, 3, 6 and 7 and Mr. G. Baishya, learned Standing Counsel for the Accountant General (respondent No. 4) as well as Mr. A. Chetry, learned Standing Counsel for the Director of Pension Department, respondent No. 5.

(2.) In this writ petition under Article 226 of the Constitution of India, the petitioner is praying for a direction to the respondents to resubmit the complete pension proposal of the petitioner with all documents to the competent authority with further direction to the respondents to take necessary action for release of the pension of the petitioner in a time bound manner.

(3.) The case projected by the petitioner is that he was engaged as a Muster Roll Worker on 01.03.1990 under the Executive Engineer, PWD, Guwahati Rural Roads Division. The service of the petitioner was regularized with effect from 22.07.2005 and he had superannuated from service on 31.12.2009. Although the petitioner had submitted the pension papers, his pension was not released. Having not heard about the release of the pension, the petitioner had made an enquiry and came to learn that the PWD authorities had moved the Office of the Accountant General for taking steps for disposal of the pension papers of the petitioner. Accordingly, the Accounts Officer, Office of the Principal Accountant General (A&E), Assam requested the PWD authority i.e. Under Secretary, PWD, (Audit Branch) to resubmit the pension papers in respect of the petitioner. It appears from the communication on record that the pension papers of the petitioner was lost and thereafter, the Accounts Officer, Office of the Principal Accountant General (A&E), Assam directed the authorities to submit the re-constructed service book of the petitioner, which was resubmitted with the authorities. However, as no response was received, the present writ petition has been filed.