Page No.# 1/4 GAHC010024042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/922/2025 SHAHABUDDIN AHMED S/O LATE BAHAR ALI RESIDENT OF VILLAGE- JAMBARI (I) POST OFFICE- JAMBARI POLICE STATION- BOKO DISTRICT- KAMRUP, ASSAM, PIN- 781141. 2: LALITA DAS DAUGHTER OF LATE KHARGESWAR DAS RESIDENT OF VILLAGE- CHOUDHURIPARA-CHAYGAON POST OFFICE- CHAYGAON POLICE STATION- CHAYGAON DISTRICT- KAMRUP PIN-781124 3: SRI AJOY RABHA SON OF LATE SOKARAM RABHA RESIDENT OF VILLAGE- BONDAPARA POST OFFICE- BONDAPARA POLICE STATION- BOKO DISTRICT- KAMRUP PIN- 781135 VERSUS THE STATE OF ASSAM AND 4 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 Page No.# 2/4 GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ADMINISTRATIVE REFORMS TRAINING AND PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6. 4:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GUWAHATI-3. 5: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 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 24-02-2025 Heard Mr. C. Bhattacharyya, learned counsel for the writ petitioners. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam appearing for the respondent Nos. 1 and 4, Mr. P, Nayak, learned standing counsel, Finance Department, Assam for respondent No. 2 and Mr. J.K. Goswami, learned Addl. Sr. Govt. Advocate, Assam for respondent No. 3. Mr. B. Sarma, learned standing counsel, AG(A&E), Assam is present on behalf of respondent No. 5. Page No.# 3/4 The three writ petitioners herein were initially engaged as Casual (Muster Roll) workers. Upon attaining the age of superannuation, all the three writ petitioners have retired from service, pursuant whereto, they are also drawing pension as per rules. The grievance of the petitioners is on account of the fact that there is an error in computing their pension since the benefit of 06 years of service as casual worker as per decision of this Court rendered in the case of Sanjita Roy Vs. State of Assam reported in (2019) 2 GLT 805, has not been extended to the petitioners. Mr. Bhattacharyya submits that had the benefits of the judgment rendered in the case of Sanjita Roy (Supra) been extended to the petitioners than in that event they would have received higher amount of pension and gratuity. As such, the prayer of the petitioners is for issuance of a direction upon the respondents to re-compute/re-calculate the pension/ gratuity and other consequential benefits applicable to the writ petitioners and for disbursement of the same in favour of the petitioners. By referring to the judgment and order dated 03-05-2024 passed by a coordinate Bench of this Court in W.P.(C) No. 5869/2023 accepting similar prayer made by a similarly situated employee, Mr. Bhattacharyya has prayed for disposal of the writ petition at the stage of motion hearing by granting similar relief to the writ petitioners. The learned departmental counsel have submitted that they would have no objection if the matter is remanded to the department for re-examination/ re-calculation of the pension claimed by the petitioners. Taking note of such submission of the learned departmental counsel and in view of Page No.# 4/4 the order dated 03-05-2024, whereby this Court had accepted similar prayer made by the petitioner therein, this writ petition also stands disposed of by granting the limited prayer of the petitioners which is for re-calculation/ re-computation of their pension along with gratuity and other consequential benefits. The above exercise shall be carried out and completed within a period of 90 days from the date of receipt of a certified copy of this order. Whatever be the outcome of the process, the petitioners shall be intimated about the same in writing within the aforesaid period. With the above observation, this writ petition stands disposed of. JUDGE GS Comparing Assistant