Gauhati High Court
Mohendra Mohan Saikia vs The State Of Assam And 6 Ors on 29 September, 2022
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GAHC010202212022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6522/2022
MOHENDRA MOHAN SAIKIA
S/O- LT. LOKNATH SAIKIA, VILL- MOHMAIKIGAON, P.O. BOKAKHAT,
DIST.- GOLAGHAT, ASSAM, PIN- 785612
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY ITS PRINCIPAL SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND
RURAL DEVELOPMENT DEPTT., DISPUR, GHY-6
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
ASSAM
DISPUR
GHY-6
3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-6
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
JURIPAR
PANJABARI
GHY-37
5:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
GHY-6
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6:THE CHIEF EXECUTIVE OFFICER
GOLAGHAT ZILLA PARISHAD
P.O. AND DIST.- GOLAGHAT
ASSAM
PIN- 785621
7:THE TREASURY OFFICER
GOLAGHAT TREASURY
AT GOLAGHAT
P.O. AND DIST.- GOLAGHAT
ASSAM
PIN- 78562
Advocate for the Petitioner : MR. M ISLAM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 29-09-2022
Heard Mr. M. Islam, learned counsel for the petitioner and Mr. K. Konwar,
learned counsel for the respondents No. 1 4 and 6, being the authorities under
the P&RD. Also heard Mr. D. Bora, learned Junior Government Advocate for the
respondents No. 2 and 5, being the authorities under the Pension and Public
Grievances Department and Mr. R. Borpujari, learned counsel for the
respondents No. 3 and 7, being the authorities under the Finance Department.
2. The petitioner was appointed as Gaon Panchayat Secretary on a
temporary basis in the Dakhin Kaziranga Gaon Panchayat under the Golaghat
Zilla Parishad as per the order dated 25.11.1993 at a fixed pay of Rs. 900/-. The
services of the petitioner were regularized by the communication dated
30.05.2003 of the Joint Secretary to the Government of Assam in the Panchayat
and Rural Development (A) Department. Subsequently, by the notification dated
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04.02.2006, it was provided that the Governor of Assam was pleased to
regularize and provincialise the services of 1707 Gaon Panchayat Secretaries
with prospective effect.
3. In the aforesaid circumstance, a question has been raised by the
respondents in the P&RD that the petitioner would be covered by the New
Defined Pension Scheme inasmuch as, his services were regularized by the
notification dated 04.02.2006, which is after 01.02.2005 being the cut off date
for implementing the New Defined Pension Scheme.
4. However, it is taken note that by the subsequent notification dated
17.03.2011 of the Commissioner and Secretary to the Government of Assam in
the Pension and Public Grievances Department, it had been provided that in
view of the judgment and order dated 24.03.2010 in W.A. No. 145/2009, the
Governor of Assam was pleased to order that the benefits of the provisions of
the Assam Panchayat and Employees (Provincialisation) Act, 1999, including the
pension and other retirements benefits which otherwise were applicable to the
State Government employees, would be applicable to the provincialised
Panchayat employees who were in service on or after 01.10.1991. Admittedly,
the petitioner having been appointed on 25.11.1993 in the Dakhin Kaziranga
Gaon Panchayat, is a provincialised Panchayat employee who had been in
service on or after 01.10.1991. The notification further provides that for the
pensionary purpose, reckoning from the dates of initial appointments in the
service of Panchayats be taken into account.
5. Accordingly, in the instant case, it has to be understood that the entire
service of the petitioner from 25.11.1993 up to the date of his retirement i.e.
31.12.2021, would have to be taken into consideration for the purpose of
pensionary benefits.
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6. It is also taken note that by an earlier judgment and order dated
05.08.2022 in WP(C) No. 4397/2022, the aforesaid question as to whether the
provisions of the Assam Services (Pension) Rules, 1969, as it stood prior to its
amendment before the New Defined Pension Scheme would be applicable in
respect of the Panchayat employees whose services were provincialised after
the cut off date of 01.02.2005. By the said judgment and order dated
05.08.2022, a conclusion was arrived that although the order giving effect to
the provincialisation may be subsequent to 01.02.2005, but such Panchayat
employees would be covered by the Assam Services (Pension) Rules, 1969, as it
stood prior to its amendment.
7. Accordingly, we are of the view that in the instant case also the judgment
and order dated 05.08.2022 in WP(C) No. 4397/2022 would govern the issues
raised by the petitioner in the present writ petition. Accordingly, as provided in
the said judgment and order dated 05.08.2022, the respondents in the P&RD
are directed to pass necessary order on the entitlement of the petitioner for
pension by taking note of the circumstances as well as the law indicated
hereinabove. The requirement be done within a period of 3(three) months from
the date of receipt of certified copy of this order. The petitioner may also
provide a copy of this writ petition to the respondent authorities, for doing the
needful.
Writ petition stands disposed of as indicated above.
JUDGE
Comparing Assistant
