Dr. Arun Kumar Mahanta vs The State of Assam, & Ors.

Heard Mr. S.P. Das, learned counsel for the petitioner, Ms. S. Sarma, learned Standing Counsel for the Health Department, Mr. B. Gogoi, learned Standing Counsel for Finance Department and Ms. R. Akhtar, learned counsel appearing for the respondent No.6 being the Accountant General.

The petitioner was initially appointed as a Health Officer-1 in the Basugaon State Dispensary in the district of Goalpara under Regulation 3(f) on 20.09.1975 and continued to work as such up to 14.10.1976. Thereafter, on the recommendation of the APSC, the petitioner was appointed as a Resident Physician, Dermatology at Silchar Medical College and Hospital, Silchar by an order dated 14.09.1976. Thereafter, the petitioner was promoted as an Assistant Professor by the order of 15.07.1994.

While the petitioner was serving as an Assistant Professor in the Department of Dermatology of Silchar Medical College, the wife of the petitioner Dr. Deepali Mahanta, who was also a doctor and working as a Demonstrator of Pathology in Gauhati Medical College and Hospital, felt suddenly fell ill and after proper diagnosis, it was found that she was suffering from Brain Tumor. Thereafter, although she was given treatment in the All India Institute of Medical Science, Delhi, but ultimately she lost her battle with life and died on 10.09.1998 leaving behind their two minor children. As a result of the aforesaid incident, the petitioner broke down both mentally and physically and he found it difficult to further pursue with his service career in the Silchar Medical College and Hospital. Accordingly, the petitioner had applied for voluntary retirement under the then Voluntary Retirement Scheme. The same was required as the petitioner did not have anybody at home to either look after his old parents and minor children and therefore, he had to take the said decision in the life.

The grievance of the petitioner is that although under the circumstances, he should have been given the voluntary retirement, but for some reason his request for voluntary retirement was neither considered nor granted. It is stated by Ms. S. Sarma, learned standing counsel for Health Department that at that relevant point of time, the petitioner has not attained the qualifying period for voluntary retirement and as such, he was not given the voluntary retirement.

Be that as it may, since 1998, the petitioner could not attend his service and as per the service record, he attained his age of superannuation on 25.01.2012. In the aforesaid premises, the petitioner in this writ petition, prays that an appropriate pensionary benefit as entitled to him under the Rules, be provided to him.

It was recorded in the earlier order of 07.09.2016 that a submission has been made by Mr. S. P. Das, learned counsel for the petitioner that in the aforesaid circumstances, the petitioner will not press for grant of any ex-post-facto approval of the voluntary retirement, which he had earlier claimed nor he will claim any salary for the period from 1998 up to 2012, when he had attained his age of superannuation. In the aforesaid circumstance, it is the claim of the petitioner that as per his period of service, which he had already rendered, he is entitled to certain proportionate pensionary benefit and the petitioner for the present only claims such proportionate pensionary benefit.

Ms. S. Sarma, learned Standing Counsel for the Health Department on an instruction, submits that the Director of Medical Education, Assam has processed the claim of the petitioner for proportionate pensionary benefit and accordingly asked the Principal-cum-Superintendent, Assam Medical College and Hospital, Dibrugarh, Gauhati Medical College and Hospital and also Silchar Medical College and Hospital to submit the salary statement of the petitioner in detail, so as to enable the authorities to proceed with the proposal for grant of proportionate pension to the petitioner. It is stated that upon the aforesaid information being received, the case of the petitioner for pensionary benefit would be further processed.

Both the learned counsel for the petitioner as well as the learned Standing Counsel for the Health Department have urged upon that this writ petition may be closed by directing the Director of Medical Education, Assam to complete the process initiated for payment of proportionate pensionary benefit to the petitioner and bring the same to its logical end and in the event, it is found that the petitioner is entitled to any such pensionary benefit, the same be paid to him.

Accordingly, this writ petition is disposed of by directing the Director of Medical Education to bring the process initiated for the purpose of payment of proportionate pensionary benefit to the petitioner to its logical end and in the event, the authorities are of the view that the petitioner is entitled to any pensionary benefit, the same be paid to him. The aforesaid process of bringing the proposal to its logical end and also to pay the pensionary benefit, if payable to the petitioner, be completed within a period of four months from the date of receipt of a certified copy of this order. In terms of the above, the writ petition stands disposed of.