Gauhati High Court
Mumtaz Begum vs The State Of Assam And 5 Ors on 22 November, 2021
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010191512021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6154/2021
MUMTAZ BEGUM
W/O. LT. SHARIFUDDIN AHMED, VILL. NALIAPOOL, NABAJYOTI PATH,
P.O. GRAHAM BAZAR, DIST. DIBRUGARH, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC
WORKS BUILDING AND N.H. DEPTT., DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GUWAHATI-06.
4:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (NH WORK)
ASSAM
CHANDMARI
GUWAHATI-03.
5:THE EXECUTIVE ENGINEER
P.W.D.
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DIBRUGARH NH DIVISION
DIBRUGARH
ASSAM.
6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-29
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 22.11.2021 Heard Mr. H. Talukdar, learned counsel for the petitioner, who submits that the petitioner's husband was appointed as a Work Charge Tracer vide Order dated 14.05.1985 and that the petitioner's husband died on 19.12.2014. However, the service of the petitioner's husband was never regularized and as such, no pension was paid to the petitioner.
The petitioner's case is that though the petitioner is not entitled to regularization in terms of the decision of the Division Bench of this Court in the case of State of Assam & Ors. Vs. Sri. Upen Das , reported in (2017) 4 GLR 493, the petitioner's case for regularization is covered by the case of Prem Singh Vs. State of Uttar Pradesh , reported in (2019) 10 SCC 516. He accordingly submits that a supernumerary post should be created for one day so that the service of the petitioner's husband is regularized, to enable the petitioner to receive pension/pensionary benefits.
Issue notice returnable in four weeks.
Mr. R. Dhar accepts notice on behalf of the respondent Nos. 1, 3, 4 & 5 and Mr. R.K. Talukdar accepts notice on behalf of the respondent No. 6. Mr. R. Borpujari accepts notice on behalf of the respondent No. 7.
Page No.# 3/3 List the matter after 4 (four) weeks.
JUDGE Comparing Assistant