Page No.# 1/4 GAHC010275132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7194/2025 KUMKUM SINGHA W/O LATE RABINDRA KUMAR SINGHA, VILL. NITYANANDAPUR PART- II, P.O. NITYANANDAPUR, P.S. LALA, DIST. HAILAKANDI, ASSAM, PIN- 788168. VERSUS THE STATE OF ASSAM AND 6 ORS TO BE REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPTT., DISPUR, GUWAHATI- 6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE CHIEF ENGINEER PHE HENGRABARI GUWAHATI-36. 5:THE EXECUTIVE ENGINEER PHE HAILAKANDI DIVISION HAILAKANDI. Page No.# 2/4 6:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON GUWAHATI-29. 7:THE TREASURY OFFICER HAILAKANDI OFFICE OF THE TREASURY OFFICER HAILAKANDI DISTRICT Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER Advocate for the Respondent : GA, ASSAM, SC, P H E,SC, FINANCE,SC, AG BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.12.2025 Heard Mr. RA Choudhury, learned counsel for the petitioner. Also heard Mr. A Chakraborty, learned Government Advocate, Assam, Ms. A Sarma, learned counsel for the Accountant General (A&E) and Mr. RR Gogoi, learned Standing Counsel, PHE. The petitioner was working as a Muster Roll Worker since 15.12.1992 in the Department of Public Health Engineering in the Hailakandi Division. On 07.10.2005, the service of the petitioner was regularized as “Khalasi” under Grade- IV with effect from 22.07.2005. The petitioner has retired from service on attaining the age of superannuation on 28.02.2012. The petitioner is Page No.# 3/4 aggrieved by the fact that she has not received the post retiral benefits on the ground of not meeting the period of qualified service. Mr. RA Choudhury, learned counsel for the petitioner submits that the issue involved had come up for consideration in a bunch of writ petitions including the case of Sanjita Roy vs. The State of Assam & Ors. in WP(C) No.1089/2015 and this Court vide judgment dated 04.12.2018 had directed that while calculating the period of qualifying service, there should not be any deduction. The Hon’ble Division Bench of this Court in the case of Binapani Das vs. The State of Assam & Ors. in WA No. 18/2021 vide order dated 26.02.2021 has clarified that the benefit has to be given from the date of the actual entitlement. The learned Standing Counsel for the Department fairly submits that the facts projected by the petitioner would entitle her to the same benefits. In view of the aforesaid facts & circumstances, the present writ petition stands allowed by directing the respondent authorities to give the same benefit to the petitioner as directed vide the judgment and order dated 04.12.2018 passed in WP(C) No. 1089/2015, read with the order dated 26.02.2021 of the Hon’ble Division Bench in WA. No. 18/2021. The entire exercise be completed expeditiously and preferably within a period of 2 (two) months from the date of Page No.# 4/4 receipt of the certified copy. The Writ Petition stands accordingly disposed of. JUDGE Comparing Assistant