Gauhati High Court
Hemaprobha Bora vs The State Of Assam And 6 Ors on 1 October, 2024
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GAHC010103712024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2752/2024
HEMAPROBHA BORA
W/O- LATE DHARANIDHAR BORA,
R/O- VILLAGE- TELIAPAHUKATA,
P.O.- URIAGAON, DISTRICT- NAGAON,
ASSAM, PIN- 782003.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PENSION AND PUBLIC GRIEVANCE DEPARTMENT
ASSAM
DISPUR
GUWAHATI-6.
3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
SIX MILE
GUWAHATI-37.
5:THE DIRECTOR OF PENSION
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ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI-6.
6:THE CHIEF EXECUTIVE OFFICER
ZILLA PARISHAD
NAGAON
P.O. AND DISTRICT- NAGAON
ASSAM
PIN- 782001.
7:THE TREASURY OFFICER
NAGAON TREASURY
NAGAON
P.O. AND DISTRICT- NAGAON
ASSAM
PIN- 782001
Advocate for the Petitioner : MR. M DUTTA, MS S DEV,MS A KHATUN,MR. M ISLAM
Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 01-10-2024
Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. N.
Borah, learned Standing Counsel, P&RD; Mr. C.K.S. Baruah, learned Government
Advocate, Assam; and Mr. A. Chaliha, learned Standing Counsel, Finance
Department.
2. By way of this writ petition, the petitioner is seeking grant of full pension
and other retiral benefits by considering the total length of service reckoned
from the date of initial appointment of the petitioner's husband in the service of
the Panchayat.
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3. It is submitted at the bar that the issue involved in this writ petition is
covered by the Judgment of the Division Bench of this Court rendered in the
case of State of Assam and Another vs. Syed Md. Fazlay Rabbi in Writ
Appeal no. 145/2009 wherein the Division Bench of this Court held that the
benefit of the provisions of the Assam Panchayat Employees (Provincialisation)
Act, 1999 including those for pension and other retirement dues would be
available to the provincialized employees in service on or after 01.10.1991 on
the basis of the length of their services reckoned from the dates of their initial
appointments.
4. In view of the aforesaid endorsement made by the learned counsel for the
parties, this Court is of the considered view that this writ petition can be
disposed of in the line of the aforesaid decision of this Court. It is accordingly
ordered. Needless to be said that, the total length of service of the petitioner's
husband shall be reckoned from the date of initial appointment i.e. 05.02.1961
in the service of the Gaon Panchayat Secretary for grant of family pension and
other retiral benefits.
5. It is further clarified that the entire exercise shall be completed within a
period of two months form the date of submission of a certified copy of this
order by the petitioner in the office of the respondent nos. 4 & 5 and failing to
complete such exercise within the stipulated period, the same shall carry an
interest of 6% per annum.
6. The writ petition stands allowed in the extent indicated above.
JUDGE
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Comparing Assistant
