Page No.# 1/3 GAHC010087752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2346/2025 SMTI ANJANA RAY W/O LT PRAFULLA KUMAR ROY VILL UTTAR RAYPUR PT II PO BICHANDAI PS GOLOKGANJ DIST DHUBRI ASSAM PIN 783334 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM IRRIGATION DEPTT DISPUR GUWAHATI 6 2:THE COMMISSIONER AND SECRETRY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI 6 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT DISPUR GUWAHATI 6 4:THE CHIEF ENGINEER IRRIGATION DEPTT ASSAM CHANDMARI GUWAHATI 6 5:THE EXECUTIVE ENGINEER DHUBRI DIVISION IRRIGATION DIST DHUBRI ASSAM PIN 78334 6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI 29 7:THE ASSISTANT ACCOUNTS OFFICER O/O PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAM GAON BELTOLA GUWAHAITI 29 8:THE TREASUERY OFFICER DHUBRI ASSAM PIN 78330 Page No.# 2/3 Advocate for the Petitioner : MR. I H LASKAR, MR. R. KARIM,MR. P DAIMARY,J MEDHI,MR. P K DEKA Advocate for the Respondent : GA, ASSAM, SC, AG (A AND E),SC, FINANCE,SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 23/05/2025 Heard Mr. P.K. Deka, learned counsel for the writ petitioner. Also heard Mr.N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam, appearing for the respondent nos. 1, 4 & 5; Mr. P. Nayak, learned Additional Advocate General (Fin), Assam, appearing for the respondent nos. 2 & 8; Ms. U. Sharma, learned Government Advocate, Assam, appearing for the respondent no. 3 and Mr. S.K. Medhi, learned Standing Counsel, Office of the AG (A&E), Assam, appearing for the respondent nos. 6 & 7. The petitioner is the widow of late Prafulla Kumar Roy, who was initially engaged as a Muster Roll worker in the Irrigation Department on 01/01/1988. His service was subsequently regularized as Chowkidar vide order dated 06/10/2005 issued by the respondent no. 5. The deceased husband of the petitioner was accordingly allowed to draw pay scale of Rs. 2450-40-2770-EB-3490-90-3670. The deceased husband of the petitioner retired from service on attaining the age of superannuation with effect from 28/02/2010. Although, he was entitled to pension and other retirement benefits including terminal gratuity, no such pension was paid to the petitioner’s husband, who ultimately died on 29/11/2023. The present writ petition has been filed by the widow of late Prafulla Kumar Roy seeking a Writ of Mandamus directing the respondents to pay family pension and other retirement benefits to the petitioner since he had rendered more than 20 years of continuous service under the Department. Mr. Deka, learned counsel for the petitioner submits that the claim of the petitioner is covered Page No.# 3/3 by the judgement of this Court rendered in the case of Sanjita Roy Vs. State of Assam and others reported in (2019) 2 GLT 805 and, therefore, the writ petition be disposed of in the light of the observations made therein. Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam; Mr. P. Nayak, learned Additional Advocate General (Fin), Assam; Ms. U. Sharma, learned Government Advocate, Assam and Mr. S.K. Medhi, learned Standing Counsel , Office of the AG (A&E), Assam have all agreed that the case of the petitioner is covered by the judgement of this Court rendered in the case of Sanjita Roy (Sipra). In view of the above and considering the consensus evolved at the Bar, this writ petition is being disposed of at the motion stage with the direction to the respondents to examine the claim of the petitioner and thereafter, pass appropriate order therein so as to redress her grievance, in the light of the decision rendered in the case of Sanjita Roy (Supra). The aforesaid exercise be carried out and completed as expeditiously as possible but not later than 90 days from the date of receipt of a certified copy of this order. Consequently, (Annexure-8) letter dated 15/11/2022, by means of which the claim of the petitioner was declined, stands set aside. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant