Momtaj Hossain vs The State Of Assam And 6 Ors
2022 Latest Caselaw 3109 Gua

                                                                   Page No.# 1/3

GAHC010163912022




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5357/2022

         MOMTAJ HOSSAIN
         S/O. LT. ABDUL MOZID SK, VILL. AND P.O. JHOWDANGA, DIST. SOUTH
         SALMARA MANKACHAR, ASSAM, PIN-7843131.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY ITS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECY.
         TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT.
         ASSAM
          DISPUR
          GUWAHATI-06.

         3:THE COMMISSIONER AND SECY.
         TO THE OVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI-06.

         4:THE COMMISSIONER

          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          JURIPAR
          PUNJABARI
          GUWAHATI-37.

         5:THE DIRECTOR OF PENSION
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             ASSAM
             HOUSEFED COMPLEX
             GUWAHATI-06.

            6:THE CHIEF EXECUTIVE OFFICER

             SOUTH SALMARA MANKACHAR ZILLA PARISHAD
             P.O. FEKAMARI
             DIST. SOUTH SALMARA MANKACHAR
             ASSAM
             PIN-783135.

            7:THE TREASURY OFFICER

             SOUTH SALMARA MANKACHAR TREASURY
             P.O. FEKAMARI
             DIST. SOUTH SALMARA MANKACHAR
             ASSAM
             PIN-783135

Advocate for the Petitioner   : MR. M ISLAM

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                          ORDER

Date : 22.08.2022

Heard Mr. M. Islam, learned counsel for the petitioner who submits that the petitioner after rendering 24 years of service as Gaon Panchayat Secretary under South Salmara, Mankachar Zilla Parishad, retired w.e.f. 31.07.2020. The petitioner's service was regularized in the year 2003 and he was given a regular scale of pay w.e.f. 10.06.2003. In short despite his retirement, the petitioner has not been given any pension. The learned counsel submits that the case of the petitioner also covered by the Division Bench Judgment of this Court dated 24.03.2010 passed in WA 145/2009 and also by the Single Bench judgment dated 05.08.2022 passed in WP(C) 4397/2022.

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Issue notice, returnable by 4 (four) weeks.

Mr. K. Konwar, learned standing counsel, P &RD accepts notice on behalf of respondents No.1, 4 and 6, Mr. P. Nayak, learned standing counsel, Finance department accepts notice on behalf of respondents No. 3 and 7 and Mr. C.S. Hazarika, learned State counsel accepts notice on behalf of respondents No.2 and 5.

The petitioner shall make necessary correction in the serial number of the arrayed respondents by subscribing his signature and shall also furnish requisite copies of the writ petition to the learned counsel appearing for the respondents.

List the matter after 4 (four) weeks.

The prayer of interim relief i.e. the provisional pension will be considered on the returnable date.

JUDGE

Comparing Assistant