Sushma Dakua v. The State of Assam and 6 Ors

ORDER Date : 19.01.2024

Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. N. K. D. Nath, learned standing counsel, P & RD.

¶2The prayer in this writ petition is for grant of full pension and other retiral benefits by considering the total length of service reckoned from the date of initial appointment of the petitioner in the service of the Panchayat.

¶3The petitioner retired from service on 30.11.1999 as a Grade-III post (Office Assistant) of No.68, Kadamtola Gaon Panchayat under Nalbari Zilla Parishad, who joined in service in the same capacity on 20.05.1963 at Pipulbari Gaon Panchayat. The authorities while preparing the Pension Payment Order

(PPO) recorded the gross service rendered by the petitioner as 36 years 6 months and 10 days, however, deducted 12 years 9 months and 20 days as non-qualifying and thus, recorded the qualifying service period as 23 years 8 months and 25 days, which according to the petitioner is not permissible in view of the decision in Writ Appeal No. 145 of 2009, in the case of The State of Assam and Anr. Vs. Syed Md. Fazlay Rabbi, disposed of on 24.03.2010, by which this Court held that the benefit of the provisions of the Assam Panchayat Employees (Provincialization) Act, 1999 including those for pension and other retirement dues would be available to the provincialized employees in service on or after 01.10.1991 on the basis of the length of their service reckoned from the dates of their initial appointments. It was further held that the provisions of the Page No.# 3/4 pension rules applicable to the State Government would apply subject to the above. Viz-a-viz, the provincialized employees who have expired on or after

01.10.1991, the benefits in terms of the Act as well as contemplated pension rules would be available to those eligible thereunder.

¶4Pursuant to the aforesaid judgment of the Division Bench of this Court, Government of Assam issued a notification to the same effect, vide Notification dated 17.03.2011 in which it has been clearly mentioned that "benefits of the Provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 including….sic.. for payment of pension and other retirement dues applicable to the State Government Employees, would be applicable to the Provincialised Panchayat Employees who were in service on or after 01.10.1991 on the basis of the length of the service reckoned from the date(s) of initial appointment in the service of Panchayats".

¶5Learned counsel for the petitioner submits that since the petitioner was already in service on 01.10.1991 and as he retired from service on 30.11.1999, the same benefit is to be granted to the petitioner by taking into account the entire length of service reckoned from the initial appointment in the service of Panchayat, i.e. 20.05.1963.

¶6As regards this plea, the State respondents have filed their affidavit, in which it has been stated in para No. 6 thereof that the pension and other retirement benefits have been authorized to the petitioner as the petitioner joined the Panchayat Service on 20.05.1963 and he had retired from service on 30.11.1999 as a Grade-III post (Office Assistant).

¶7After hearing the learned counsel for the parties and on perusal of materials on record, this Court is of the view that the case of the petitioner is squarely Page No.# 4/4 covered by the decision taken by the Division Bench in Sayed Md. Fazlay Rabbi (supra) and as such entitled to count the entire length of service w.e.f.

20.05.1963 for the purpose of grant of pension and other retiral benefit.

¶8Accordingly, this Court therefore disposes of the writ petition with a direction to the respondent authorities, more particularly, to the Directorate of Pension to consider the total length of service of the petitioner from the date of his initial appointment on 20.05.1963 till the date of his retirement on 30.11.1999 for pension and pay the full pension and other retirement benefits including the arrear pension to the petitioner. The same be done within a period of 3 (three) months from the date of receipt of certified copy of this order.

¶9With the above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010088612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2304/2023o SUSHMAoDAKUAo W/OoLT.oANNAoRAMoDAKUAoR/OoVILL.oPIPLIBARIoP.O.oHARIBHANGAoDIST.o NALBARIoASSAMoPINo781378 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.BYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAMo PANCHAYAToANDoRURALoDEVELOPMENToDEPTToDISPURoGUWAHATIo6 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVToOFoASSAMoPENSIONoANDoPUBLICoGRIEVANCEoDEPTT.o ASSAMoDISPURoGUWAHATIo6 3:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAMoFINANCEoDEPTToDISPURoGUWAHATIo6 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToASSAMoJURIPARoSIXMILEo GUWAHATIo37 5:THEoDIRECTORoOFoPENSION oASSAM oHOUSEFEDoCOMPLEXoDISPURoGUWAHATIo6 6:THEoCHIEFoEXECUTIVEoOFFICER oNALBARIoZILLAoPARISHADoP.O.oANDoDIST.oNALBARIoASSAMoPINo781335 7:TREASURYoOFFICER oTIHUoSUBoTREASURYoTIHUoP.O.oTIHUoDISToNALBARIoASSAMoPINo78137o AdvocateoforotheoPetitionerooooo:oMR.oMoISLAMo Page No.# 2/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA