Page No.# 1/6 GAHC010015222016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2814/2016 NOBI BOKSH S/O- LT. ROPHIMUDDIN AHMED, R/O VILL.- HASILAPARA, WARD NO. 11, P.O., P.S. and DIST.- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE DEPTT., DISPUR, GHY- 6. 2:THE CHIEF ENGINEER WATER RESOURCE DEPTT. CHANDMARI GHY- 3. 3:THE DY. CHIEF ENGINEER WATER RESOURCE DEPTT. CHANDMARI GHY- 3. 4:THE EXECUTIVE ENGINEER GOALPARA WATER RESOURCES DIVISION P.O. and DIST.- GOALPARA ASSAM PIN- 783101. 5:THE ACCOUNTANT GENERAL A and E ASSAM MAIDAMGAON BEOTOLA GHY- 29 Page No.# 2/6 Advocate for the Petitioner : MR.M RANA, MR.S RAHMAN Advocate for the Respondent : SC, AGR 5, SC, WATER RESOURCE(R 1-4) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24-02-2025 Heard Mr. S. Rahman, learned counsel for the petitioner. Also heard Ms. R.M. Deka, learned Standing Counsel, Water Resource Department. 2. The petitioner by way of instituting the present proceeding has presented a challenge to the speaking order dated 17.07.2015, issued by the Chief Engineer, Water Resource Department, rejecting the claim of the petitioner for treating the purported period of his services w.e.f. 26.07.1965 to 17.01.1984 as qualifying service for the purpose of computation of pension and pensionary benefits. 3. The petitioner in the present writ petition has contended that he was initially appointed on ad hoc basis as Tractor Driver (Grade-IV) vide order dated 26.07.1965. 4. The petitioner projects that he worked in various establishment of the respondent department and he was brought to the regular cadre w.e.f. 18.01.1984 vide order dated 19.05.1984. The order dated 19.05.1984 has neither been placed on record by the petitioner, nor by the departmental authorities. The petitioner retired from his service on reaching the age of superannuation w.e.f. 31.01.2006, thereafter, the petitioner was authorized his pension and pensionary benefits by treating his date of entry into government service as 18.01.1984. The qualifying service of the petitioner was so reckoned w.e.f. 18.01.1984 and the service as rendered by him Page No.# 3/6 prior thereto, was not considered. 5. The petitioner being aggrieved by the action on the part of the respondent authorities in construing his services only w.e.f. 1984, had approached this Court by way of instituting of a writ petition being WP(C) 3609/2011. The Coordinate Bench of this Court vide order dated 10.03.2015, disposed of the said writ petition by requiring the Chief Engineer, Water Resource Department to ascertain as to whether the petitioner had been working as a Tractor Driver, w.e.f. 27.06.1965 in the Department. The manner for arriving at the said conclusion was also set out in the said order by this Court. 6. The petitioner in pursuance to the order dated 10.03.2015, submitted a representation on 20.03.2015, before the Chief Engineer, and therein, laid down the particulars of the services rendered by him prior to 18.01.1984. 7. The Chief Engineer, Water Resource Department, after considering the said representation submitted by the petitioner as well as after receiving reports from the establishment, wherein, the petitioner had projected to have discharged his duties, proceeded vide speaking order dated 17.07.2015, to reject the claim of the petitioner for treating his service to be continuous w.e.f. 26.07.1965. The operative portion of the said speaking order being relevant is extracted herinbelow:- “Findings: In compliance of the order of the Hon'ble Gauhati High Court dt. 10.03.2015 in W.P. (C)No.3609/2011, the petitioner Sri. Nobi Boksh and the Executive Engineer. Goalpara W.R. Division, Goalpara, was invited for a hearing on the matter on 18.04.2015. On the above hearing the petitioner was asked to furnish his all supporting documents of rendering work charged services in various offices under Water Resources Deptt. as claimed for. But the petitioner failed to submit any documents in support of his claims. In order to ascertain the claim of the writ- petitioner that he rendered his service since 26/07/1965, the Departmental Authority has taken all necessary steps and in fact the Chief Engineer Water Resources Department decided to contact all the respective Divisions where he claimed to render Page No.# 4/6 his service in order to collect his service records. The petitioner was also asked to submit all documents under his possession and in his presence it was also decided on 18/04/2015 to dispose of his case after obtaining his service records from the Divisions of the Department within a period of 3(three) months It may be pertinent to mention that the petitioner claimed to have rendered service in 5(five) Divisions of the Department and they are namely (1) Goalpara Water Resources Division, Goalpara (2) Jorhat Mechanical Water Resources Division, Jorhat: (3) Dhubri Water Resources Division, Dhubri (4) Dhemaji Water Resources Division, Dhemaji and (5) Guwahati Mechanical Water Resources Division, Guwahati respectively. All the relevant records of the aforesaid 5(five) Divisions with regard to service of the petitioner have been thoroughly enquired and examined. But there is not iota of evidence even remotely to show that Shri Nobi Boksh was in service in the Department in any capacity even on temporary basis since 26/07/1965 till 17/01/1984. It may be pertinent to mention that in 1984 or prior to that there was no scheme on the part of the Govt. of Assam to regularize any Muster Roll and Work charged employee of the Department by creating any personal post. On 19/05/1984 the petitioner was in fact appointed/regularized w.e.f. 18/01/1984 against regular and substantive vacancy. Shri Nobi Boksh was given enough scope to submit all relevant documents in his possession, if any, to substantiate his claims of his temporary/Work charged service since 26/07/1965 and he also could not be able to submit a single document with regard to his continuity of service since 26/07/1965 till 17/01/1984. Under such circumstances, the Departmental Authority has no option but to treat his regular service in the Department with effect from 18/01/1984 till 31/01/2006. Accordingly, the case of Shri Nobi Boksh is hereby disposed of treating the regular service of the petitioner from the date as reflected in Order dated 19/05/1984 passed by the Executive Engineer, Goalpara Water Resources Division i.e. w.e.f. 18/01/1984 and he will be entitled to the pensionary benefit as per Law. It may not be out of context to mention that Shri Nobi Boksh retired from service w.e.f. 31/01/2006 on superannuation and he has been granted regular monthly pension which he has been drawing without any break. Orders: After careful perusal of all records, It is the considered view of the undersigned that due to lack of available records in this Department with regards to continuous service period as work charged employee w.e.f. 26/07/1965 to 17/01/1984 of Shri Nobi Boksh as claimed could not be ascertained towards fulfillment of the rules reflected in "The Assam Service (pension) Rules, 1969" and its subsequent amendment. Hence the above mentioned period couldn't be considered for providing pensionary benefit.” 8. A perusal of the conclusion reached by the Chief Engineer, Water Resource Department in the said speaking order dated 17.07.2015, would go to show that the petitioner had not brought on record any materials to demonstrate that he was engaged in the department w.e.f. 26.07.1965 on Page No.# 5/6 regular basis and/or Muster Roll/work-charged basis. 9. It is seen that the Chief Engineer, for the purpose of ascertaining the service particulars of the petitioner, had also received reports from all the establishment, wherein the petitioner had projected to have served. However, the reports so submitted did not support the contention raised by the petitioner in the present proceedings that he was in service of the department w.e.f. 26.07.1965. The speaking order however reveals that the petitioner was brought to the establishment w.e.f. 18.01.1984 vide order dated 19.05.1984. 10. Accordingly, the Chief Engineer, Water Resource Department proceeded to conclude that the petitioner was appointed/regularized w.e.f. 18.01.1984 and accordingly his pension and pensionary benefits so released to him by computing his pension basing on the fact that he was appointed in regular establishment w.e.f. 18.01.1984, would not mandate reconsideration. 11. Learned counsel for the petitioner has submitted that the petitioner was initially engaged in the department as a Tractor Driver on ad hoc basis vide order dated 26.07.1965, which was brought on record in the writ petition as Annexure A. 12. On perusal of the said Annexure would go to show that the person, namely, Sri Nobi Boksh, mentioned in the appointment letter (Annexure-A) was a resident of Bhetipara, whereas the petitioner herein in the present proceeding has projected that he is a resident of Hasilapara in the District of Goalpara. It is not clear as to whether the person, whose name appeared in the said appointment letter, dated 26.07.1965 and the petitioner in the present proceeding is one and the same person. 13. Be that as it may, the said issue need not be gone into inasmuch as the Page No.# 6/6 petitioner has failed to establish before this Court that he was in regular employment and/ or in employment as a muster roll/work-charged employee in the department prior to 18.01.1984. It is a settled position of law that for a period of service to be construed as qualifying service, the same must be regular. However in view of the policy decision adopted by the Government, persons working as muster roll/work charged employee but regularized subsequently, the period of service rendered as a work-charged/muster-roll worker would also be construed as qualifying service for the purpose of pension. In the present case, the petitioner has not brought on record any material to justify reaching of such conclusion by this Court. 14. Ms. R.M. Deka, learned Standing Counsel, on instruction has submitted that the documents of the petitioner available with the department only indicate that he was so engaged on regular basis w.e.f. 18.01.1984 and there is no material to justify his such engagement w.e.f. 01.09.1965 in the regular establishment on muster-roll/work charged basis. 15. In view of the discussion as made hereinabove, this Court finds that the reasoning assigned in the speaking order dated 17.07.2015 by the Chief Engineer, Water Resource Department being reasonable, would not call for any interference. 16. Accordingly, the prayer of the petitioner so made in the writ petition for treating his qualifying service for pension and pensionary benefits w.e.f. 26.07.1965 would not mandate acceptance and accordingly, the writ petition is held to be devoid of any merit and consequently, the same stands dismissed. 17. However, there would be no order as to costs. JUDGE Comparing Assistant