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2022 Supreme(Gau) 229

ACHINTYA MALLA BUJOR BARUA
Damila Bordoloi W/o. Late Bahadur Bordoloi – Appellant
Versus
State of Assam Represented By The Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H Das

JUDGMENT :

Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned counsel for the respondents No.1, 2 and 4 being the authorities in the Irrigation department of the Government of Assam of Mr. B. Chakraborty, learned counsel for the respondent No.3 Accountant General.

2. The husband of the petitioner who was appointed as a muster roll worker in the Office of the Executive Engineer, Kaliabor Integrated Kalong Electrical Division was regularized in service on 22.07.2005 as per the order dated 03.10.2005. The husband of the petitioner died-in-harness on 25.11.2007. Upon an application for family pension being made, the same was refused and as per the statement made in paragraph-6 of the writ petition the refusal was made because of deduction of 6 years from the total length of service of the husband of the petitioner which otherwise was 25 years 22 days. According to the respondents, after deduction of the 6 years, the husband of the petitioner was not entitled to pensionary benefit. Acceptability of the deduction of 6 years from the qualifying service of muster roll worker was decided by this Court in the judgment dated 04.12.2018 in Sanjita Roy and othe

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