Mstt. Zohura Khatun v. The State of Assam and 7 Ors

O R D E R

Date : 04.10.2024.

Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. N. Borah, learned Standing Counsel, P. & R.D.; Mr. C.K.S. Baruah, learned Government Advocate, Assam; and Mr. R. Borpujari, learned Standing Counsel, Page No.# 3/4 Finance Department.

¶2By way of this writ petition, the petitioner is seeking 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's husband in the service of the Panchayat.

¶3It is submitted at the bar that the issue involved in this writ petition is covered by the Judgment of the Division Bench of this Court rendered in the case of State of Assam and Another vs. Syed Md. Fazlay Rabbi in Writ Appeal no. 145/2009, wherein the Division Bench of this Court held that the benefit of the provisions of the Assam Panchayat Employees (Provincialisation) 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 services reckoned from the dates of their initial appointments.

¶4In view of the aforesaid endorsement made by the learned counsel for the parties, this Court is of the considered view that this Writ Petition can be disposed of in the line of the aforesaid decision of this Court. It is accordingly ordered. Needless to be said that, the total length of service of the petitioner's husband Late Abu Minhas Sarkar shall be reckoned from the date of his initial appointment i.e. 30.11.1957, in the service of the Gaon Panchayat Secretary for grant of family pension and other retiral benefits.

¶5It is further clarified that the entire exercise shall be completed within a period of two months from the date of submission of a certified copy of this order by the petitioner in the office of the respondent nos. 4 & 5 and failing to Page No.# 4/4 complete such exercise within the stipulated period, the same shall carry an interest of 6% per annum.

¶6The writ petition stands allowed in the extent indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010121012024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3123/2024o MSTT.oZOHURAoKHATUNo W/O-oABUoMINHASoSARKAR,o R/O-oVILLAGEoSARKARoPARA,o P.O-oMANKACHAR,oDIST-oSOUTHoSALMARAoMANKACHAR,oASSAM, PIN-783131 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oASSAM,oDISPUR,o GUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPENSIONoANDoPUBLICoGRIEVANCESoDEPARTMENT oASSAM oDISPUR oGUWAHATI-06 3:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oASSAM oDISPUR oGUWAHATI-o781006. 4:THEoCOMMISSIONER oTOoTHEoGOVT.oOFoASSAM oCOMMISSIONERATEoOFoPANCHAYAToANDoRURALoDEVELOPMENTo oASSAM oPANJABARIo oSIXMILE oGUWAHATI-o781037 Page No.# 2/4 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-06 6:THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD P.O AND DIST -DHUBRI PIN- 783301. 7:THE CHIEF EXECUTIVE OFFICER SOUTH SALMARA MANKACHAR ZILLA PARISHAD FEKAMARI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783305 8:TREASURY OFFICER SOUTH SALMARA MANKACHAR TREASURY HATSINGIMARI P.O- FEKAMARI DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-78330 Advocate for the Petitioner : MS. D GHOSH, MR. S. K. CHAKMA Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI