Umesh Chandra Baruah v. The State of Assam and 4 Ors

ORDER Date : 09.01.2023 Heard Mr. D.K. Das, the learned counsel appearing on behalf of the petitioner. Mr. P. Nayak, the learned counsel appears on behalf of the respondent Nos. 1, 2, 4 and 5 and Ms. S. Baruah, the learned counsel appears for the respondent No. 3.

¶2The instant writ petition has been filed by the petitioner claiming a direction upon the Respondent Authorities to release the arrear of pensionary benefits to the petitioner with effect from the date of his retirement i.e. from 30/4/1998 to 31/12/2015 in accordance with the provisions of the Gauhati Municipal Corporation Employee (Pension) Regulations, 2015. It is the case of the petitioner that the petitioner has been receiving the pension w.e.f. 1/1/2016 but however for the period from 30/4/1998 to 31/12/2015, the petitioner has not been paid the pensionary entitlement to which the petitioner is entitled to.

¶3The learned counsel for the petitioner submits that the petitioner is entitled to the pension under the Gauhati Municipal Corporation Employee (Pension) Regulations, 2015 which has come into effect from 1/1/1996. The learned counsel appearing on behalf of the petitioner has also drawn the attention of this Court to an order dated 13/3/2019 passed in W.P.(C) No. 5085/2015, whereby there was a direction upon the Gauhati Development Department as well as the Guwahati Municipal Corporation for releasing the pension after making due verification within a period of six months from Page No.# 3/3 the date of the said order. The learned counsel for the petitioner therefore, prays that maintaining parity similar order may also be the passed in the instant writ petition.

¶4The learned counsel appearing on behalf of the respondent Nos. 1, 2, 4 and 5 submits that the petitioner is entitled to the pension but the exact entitlement of the petitioner has to be verified on the basis of the records. He submits that the Respondent Authorities may be given liberty to make the necessary verification and the payment of the arrear pension shall be made in similar manner as has been directed in the order dated 13/3/2019.

¶5Taking into account the said submission, this Court disposes the writ petition directing the respondent Nos. 4 and 5 to make verification as regards the quantum of entitlement of his arrear pension and thereupon shall make payment to the petitioner of his arrear in pension as per his entitlement.

¶6Taking into account that the petitioner was aged about 84 years on the date of filing of the writ petition, this Court deems it proper to direct the respondent Nos. 4 and 5 to carry out the necessary verification and make payment to the petitioner within a period of four months from the date a certified copy of this order is served upon the respondent No. 4.

¶7With the above observations and directions the instant petition stands disposed off. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010183362022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5918/2022o UMESHoCHANDRAoBARUAHo S/O-oLT.oATULoCHANDRAoBARUAH,oR/O-oKRISHNAoNAGAR,oCHATRIBARI,o P.O.oPANBAZAR,oP.S.oPALTANoBAZAR,oDIST.-oKAMRUPo(M),oGHY,oASSAM,o PIN-o781001 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAMoINoGUWAHATIo DEVELOPMENToDEPTT.,oDISPUR,oGHY-o78100 2:THEoCOMM.oANDoSECY. oGOVT.oOFoASSAM FINANCEoDEPTT. oDISPUR oGHY-06 3:THEoCOMM.oANDoSECY. oGOVT.oOFoASSAM oPENSIONoANDoPUBLICoGRIEVANCESoDEPTT. oDISPUR oGHY-06 4:THEoGUWAHATIoMUNICIPALoCORPORATION oGUWAHATI oREP.oBYoITSoCOMMISSIONER oPANBAZAR oGHY-01 5:THEoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oPANBAZAR Page No.# 2/3 GHY- 781001 ASSA Advocate for the Petitioner : MR D K DAS Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH