Samser Ali Ahmed vs The State Of Assam And 6 Ors
2023 Latest Caselaw 1092 Gua

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GAHC010058452023




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

                          Case No. : WP(C)/1553/2023

         SAMSER ALI AHMED
         S/O- LATE TALEB ALI,
         R/O- VILLAGE PAHARSINGPARA,
         P.O- DUBAPARA, P.S- MORNOI, DIST- GOALPARA, ASSAM,
         PIN-783125

         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GHY-06

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCE DEPARTMENT
          DISPUR
          GHY-06

         3:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GHY-06

         4:THE COMMISSIONER

          PANCHAYAT AND RURAL DEVELOPMENT
          ASSAM
          PANJABARI
          JURIPAR
          GUWAHATI-37

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

            6:THE CHIEF EXECUTIVE OFFICER
             BARPETA ZILLA PARISHAD

            P.O AND DIST- BARPETA
            ASSAM
             PIN-781301

            7:TREASURY OFFICER
             BARPETA TEASURY

            P.O AND DIST- BARPETA
            ASSAM
             PIN-78130

Advocate for the Petitioner   : MR. M ISLAM

Advocate for the Respondent : SC, P AND R.D.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 20.03.2023 Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Ms. M. Bora, learned counsel for the respondent Nos. 1, 4 & 6; Mr. D. Bora, learned counsel for the respondent Nos. 2 & 5 and Mr. B. Gogoi, learned counsel for the respondent Nos. 3 & 7.

Issue Notice making it returnable on 27.03.2023.

As the respondents are duly represented extra copies of the petition be served during the course of the day.

The case of the petitioner is that the petitioner was initially appointed on Page No.# 3/4

02.11.1960 and thereupon he had retired on 28.02.2002. The gross period of his service is 41 years 3 months 27 days. However, while computing pension by the Director of Pension, the period of 14 years 7 months 4 days have been excluded and only 26 years 8 months 27 days have been taken into account as the net qualifying service.

The learned counsel appearing on behalf of the petitioner has drawn the attention to the Judgment of the Division Bench in the case of State of Assam

-Vs- Syed Md. Fazlay Rabbi dated 24.03.2010 in Writ Appeal No. 145/2009 whereby the Division Bench of this Court categorically held that the benefit of the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 including those for pension and other retirement benefits would be available to the provincialized employees in the service on or after 01.10.1991 on the basis of the length of their service reckoned from the date of their initial appointments.

The learned counsel has further submitted that an SLP was preferred against the said Judgment and order which was, however, dismissed by the Supreme Court vide Order dated 02.08.2010. Subsequently, the Commissioner and Secretary, Pension and Public Grievances Department, Government of Assam have issued a Notification dated 17.03.2011 whereby it was mentioned that the benefit of the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 including those for pension and other retirement dues applicable to the State Government employees would be available to the provincialized Panchayat Employees who were in service on or after 01.10.1991 on the basis of the length of their service reckoned from the date of their initial appointments in the service of the Panchayat.

The learned counsel for the petitioner submits that in spite of the said Page No.# 4/4

Judgment of the Division Bench as well as the Notification dated 17.03.2011, the period of 14 years 7 months 4 days have been excluded while computing the pension of the petitioner and thereby depriving the petitioner of the full pension.

Mr. D. Bora, learned counsel appearing on behalf of the Director of Pension, Assam shall obtain the necessary instructions as to why 14 years 7 months 4 days have been excluded while computing the pension of the petitioner.

List accordingly.

Liberty is given to the petitioner to mention the matter for upgrading.

JUDGE

Comparing Assistant