Page No.# 1/4 GAHC010012792025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/399/2025 BISWAJIT BUJARBARUAH AND ANR S/O LATE RATNESWAR BUJARBARUAH, RESIDENT OF VILLAGE- JAYANTIPUR, POST OFFICE-PITAMBARHAT, POLICE STATION-RANGIA, DISTRICT-KAMRUP,ASSAM, PIN-781354 2: ANIMA DAS W/O SRI BANESWAR ROY RESIDENT OF FATASHIL AMBARI BATHOU MANDIR PATH HOUSE NO-28 DHIRENPARA GUWAHATI DISTRICT-KAMRUP(M) PIN- 781025 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNEMNT OF ASSAM ADMINISTRATIVE REFORMS TRAINING AND PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6 4:THE CHIEF ENGINEER IRRIGATION Page No.# 2/4 ASSAM CHANDMARI GUWAHATI-3 5:THE EXECUTIVE ENGINEER GUWAHATI MECHANICAL DIVISION (IRRIGATION) GUWAHATI-3 DISTRICT KAMRUP (METRO) ASSAM 6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 Advocate for the Petitioner : MR. C BHATTACHARYYA, MR R DAS Advocate for the Respondent : SC, IRRIGATION, SC, AG,SC, FINANCE DEPTT.,GA, ASSAM B E F O R E HON’BLE MR. JUSTICE NELSON SAILO 14.02.2025 Heard Mr. C Bhattacharyya, learned counsel for the petitioners. Mr. P Nayak, learned Standing Counsel, Finance Department for respondent No. 2 and Mr. N Upadhaya, learned Standing Counsel, Irrigation Department appearing for respondent Nos. 1, 4 & 5. Ms. M Bhattacharjee, learned Addl. Senior Government Advocate for respondent No. 3 and Mr. B Chakraborty, learned Standing Counsel, AG, Assam. Having regard to the projection made by the petitioners, the writ petition is taken up for disposal at this stage. Page No.# 3/4 [2.] It is the case of the petitioner No. 1 that he was initially appointed as casual Muster Roll worker under the establishment of respondent No. 5 on 07.05.1990 and similarly, the respondent No. 2 was also appointed on 09.11.1990. Their service was regularized as Helper w.e.f. 22.07.2005. After serving for more than 32 years, both the petitioners retired from service on superannuation on 30.11.2022 & 30.04.2023 respectively. It is the case of the petitioner that although they have been given pension but the respondent authorities have deducted 6 years as non-qualifying service and for which reason, they have not been given the pension amount to which they are entitled to. The learned counsel for the petitioners submits that the petitioners are covered by a decision of a Co-ordinate Bench of this Court rendered in WP(C) No. 5869/2023 vide Order dated 03.05.2024 (Jogeswar Bujarbaruah vs. State of Assam & 5 Ors.). He submits that this Court by taking into account the judgment rendered by this Court in other cases i.e. WP(C) No. 1089/2015 (Sanjita Roy vs. the State of Assam & Ors.), which was decided on 04.12.2018 and also the Judgment & Order dated 26.02.2021 passed by a Division Bench of this Court in W.A No. 18/2021 (Binapani Das vs. the State of Assam & Ors.) directed the respondent authorities to examine the claim of the petitioner and if it was found that deduction of 6 years was unauthorized, the same should be calculated as a continuous period for service for the purpose of granting pension Page No.# 4/4 and gratuity and also other retirement benefits. The learned counsel therefore submits that similar direction may be passed in the present case as well. [3.] The learned counsels appearing submit that they have no objection if the respondents are given the liberty to verify the service particulars of the petitioners in terms of the judgment rendered to by the petitioner to see as to whether they are entitled to pension amount which they are claiming. [4.] Considering he submissions made by the parties, the writ petition is disposed of with a direction to the respondent Nos. 1, 3, 4 & 5 to examine the case of the petitioners in terms of the decision rendered in Jogeswar Bujarbaruah (supra) and to grant them the appropriate pension as entitled to them alongwith gratuity and other service benefits. Such exercise will be carried out within a period of 60 days from the date of receipt of a certified copy of this order. [5.] With the above observation and direction, the Writ Petition stands disposed of. JUDGE Comparing Assistant