Page No.# 1/3 vs The State Of Assam And 6 Ors
2022 Latest Caselaw 2217 Gua

                                                                   Page No.# 1/3

GAHC010218932019




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

                          Case No. : WP(C)/6765/2019

         ANOWAR HUSSAIN
         S/O- LT. MOKSHED ALI, PRESENTLY A RESIDENT OF VILLAGE-
         HASILAPARA, P.O. GOALPARA, P.S. AND DIST.- GOALPARA, ASSAM, PIN-
         783101.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         JUDICIAL DEPTT., DISPUR, GUWAHATI- 781006, ASSAM.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI- 781006
         ASSAM.

         3:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E )
          MAIDAMGAON
          BELTOLA
          GUWAHATI
         ASSAM
          781029.

         4:THE REGISTRAR GENERAL
          GAUHATI HIGH COURT
          GAUHATI HIGH COURT BUILDING
          NEW BLOCK
          GUWAHATI- 781001.

         5:THE DISTRICT AND SESSIONS JUDGE
          BONGAIGAON
                                                                                Page No.# 2/3

              DIST.- BONGAIGAON
              ASSAM
              PIN- 783380.

              6:THE DEPUTY REGISTRAR
              APPOINTMENT
               GAUHATI HIGH COURT
               GAUHATI HIGH COURT BUILDING
               NEW BLOCK
               GUWAHATI- 781001.

              7:THE MUNSIFF
               NORTH SALMARA
              ABHAYAPURI
               DIST.- BONGAIGAON
              ASSAM
               PIN- 783384

Advocate for the Petitioner   : ALHAJJ INAM UDDIN

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
              HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

Date : 27.06.2022

In view of the judgment of the Hon'ble Supreme Court dated 18.02.2022 in the State of Gujarat & ors. v. Talsibhai Dhanjibhai Patel , Mr. J K Goswami, learned Additional Senior Government Advocate for the respondent authorities seeks for an adjournment to examine the matter.

In the instant case, the petitioner was regularized in service although not confirmed and in the meantime he retired and in the circumstance, whether he is entitled to pensionery benefits.

The petitioner also relies upon an office memorandum dated 12.09.1996 of the Pension and Public Grievance Department of Government of Assam which provides that if a temporary Government employee who retires after rendering temporary service of not less Page No.# 3/3

than 20 (twenty) years under the Government without being confirmed, is allowed the pensionery benefits as available to a retired confirmed Government employee.

On both the aspects, Mr. J K Goswami, learned Additional Senior Government Advocate seeks for an adjournment to examine the matter.

List on 04.08.2022 for further hearing.

JUDGE

Comparing Assistant