Azizur Rahman vs The State Of Assam And 6 Ors
2022 Latest Caselaw 2305 Gua

                                                                  Page No.# 1/3

GAHC010123052022




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

                          Case No. : WP(C)/4414/2022

         AZIZUR RAHMAN
         S/O. LT. SHAHEB ULLAH SARKAR, VILL. AND P.O. JHOWDANGA, DIST.
         SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131.



         VERSUS

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

         2:THE COMMISSIONER AND SECRETARY
         THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCE DEPTT.
         ASSAM
          DISPUR
          GUWAHATI-06.

         3:THE COMMISSIONER AND SECRETARY
         THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI-06.

         4:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT
         ASSAM
          JURIPAR
          SIX MILE
          GUWAHATI-37.

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

           6:THE CHIEF EXECUTIVE OFFICER
            SOUTH SALMARA MANKACHAR ZILLA PARISHAD
            P.O. FEKAMARI
            DIST. SOUTH SALMARA MANKACHAR
           ASSAM
            PIN-783135.

           7:TREASURY OFFICER
            SOUTH SALMARA TREASURY
           AT HATSINGIMARI
            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 ACHINTYA MALLA BUJOR BARUA

                                     O R D E R

30.06.2022

Heard Mr. M Islam, learned counsel for the petitioner, Mr. P Handique, learned counsel for the respondents No. 1, 4 and 6 being the authorities in the P&RD Department, Government of Assam, Mr. JK Goswami, learned Additional Senior Government Advocate for the respondents No. 2 and 5 being the authorities in the Pension and Public Grievance Department of the Government of Assam and Mr. R Borpujari, learned counsel for the respondents No. 3 and 7 being authorities in the Finance Department.

2. Issue notice returnable in six weeks. Extra copies of the writ petition be furnished to the respective learned counsel within three days.

3. The petitioner was appointed as a Secretary of Fekamari Gaon Panchayat Page No.# 3/3

of the then Dhubri Zila Parishad on 01.04.1958 and he retired from service upon attaining the age of superannuation on 31.03.1999 resulting in a continuous service of 41 years. But while the authorities processed the matter for his pension, 17 years were deducted out of the 41 years of service making the net qualifying service to be 24 years and accordingly a proportionate pension had been issued to the petitioner. The petitioner claims that this issue is covered by the judgment dated 12.12.2018 in WP(C) No. 6840/2017. According to the petitioner, the question of law had already been decided that no deduction would be permissible from the total length of the service and accordingly the deduction of 17 years in the instant case is unsustainable.

4. The respondents to positively file their affidavits before the next returnable date as to whether the 17 years of service of the petitioner can be deducted for the purpose of pensionery benefits and if yes, why and if no, as to why the petition should not be allowed.

5. It is also provided that pendency of this writ petition shall not be a bar on the part of the respondent authorities to consider the claim of the petitioner for pensionery benefits, if otherwise entitled.

List the matter after six weeks.

JUDGE

Comparing Assistant