Gauhati High Court
Smti Rohini Baishya vs The State Of Assam And 6 Ors on 18 August, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010176812025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4651/2025
SMTI ROHINI BAISHYA
W/O- LATE DWARAKESWAR BAISHYA, VILL.- BARMURA, P.O. RANGIA,
DIST. KAMRUP, ASSAM, PIN- 781354.
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 COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
SIXMILE
GUWAHATI-37.
5:THE DIRECTOR OF PENSION
ASSAM
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HOUSEFED COMPLEX
DISPUR
GUWAHATI-6.
6:THE CHIEF EXECUTIVE OFFICER
KAMRUP ZILLA PARISHAD
AMINGAON
P.O. AND DIST. KAMRUP
ASSAM
PIN- 781031.
7:THE TREASURY OFFICER
KAMRUP TREASURY
AMINGAON
P.O. AMINGAON
DIST. KAMRUP
ASSAM
PIN- 781031
Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
18.08.2025
Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. A.K. Ghosh,
learned counsel appears on behalf of Mr. S Dutta. Borah, learned Standing Counsel,
P&RD and Ms. S Baruah, learned counsel for the respondents No. 5.
2. The prayer in this writ petition is for 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.
3. The petitioner's husband namely, Late Dwarakeswar Baishya, retired from service
on attainting the age of superannuation on 30.06.1997 as Tax Collector of
Padumkuwari Gaon Panchayat under the Department of Panchayat and Rural
Development, Government of Assam. The petitioner was appointed in the service of
the Panchayat on 27.01.1957. During the tenure of his service, the State Government
had enacted the Assam Panchayat Employees [Provincialisation] Act, 1999 ['the Act,
for short] and as per the provisions of the Act, the provincialised Panchayat employees
are to be provided pension and other retirement dues in terms of the provisions of the
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Act. The services of the petitioner came to be provincialised accordingly in terms of
the provisions of the Act.
4. When a dispute arose as regards the date from which the period of services of
the provincialised Panchayat employees was to be counted for the purpose of pension
and other retirement dues under the provisions of the Act, litigations ensued. A
Division Bench of this Court in a writ appeal, Writ Appeal no. 145/2009 [The State of
Assam & another vs. Syed Md. Fazlay Rabbi] and a batch of writ petitions in its
common judgment and order dated 24.03.2010 set the issue at rest by holding that
the benefits of the provisions of the Assam Panchayat Employees [Provincialisation]
Act, 1999 [the Act] including those for pension and other retirement dues would be
available to the provincialised 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. Special leave petitions, Special Leave to Appeal [Civil] Nos. 19351-
19360/2010 preferred against the common judgment and order dated 24.03.2010
were dismissed by the Hon'ble Supreme Court of India on 02.08.2010. Thereafter, the
State Government in the Pension and Public Grievances Department issued a
Notification dated 17.03.2011, whereby, it had ordered that the benefits of the
provisions of the Assam Panchayat Employees [Provincialisation] Act, 1999 [the Act]
including those for pension and other retirement dues applicable to the State
Government Employees, would also be available to the provincialised Panchayat
Employees who were in service on or after 01.10.1991 on the basis of the length of
their service reckoned from the dates of their initial appointments in the service of
Panchayats. The said Notification was issued with the concurrence of the Finance
Department.
5. The Pension Payment Order being PPO No. ADP/PRI/PPO/GPO/2012/ 000263,
issued in respect of petitioner has specifically stated that the date of petitioner's
husband entry in service is 27.01.1957 and his date of retirement is 30.05.1997. The
total period of service rendered by the petitioner's husband was 40 years 5 months
and 3 days. Yet, the pension disbursal authority had calculated the petitioner's
monthly pension @ Rs. 1495/- per month with the observation that a period of 18
years .. months and 11 days could not be counted for the purpose of pension and the
petitioner's net qualifying service would be only 21 years 8 months and 27 days.
6. A conjoint reading of the judgment and order dated 24.03.2010 passed in a writ
appeal, Writ Appeal no. 145/2009 [The State of Assam & another vs. Syed Md.
FazlayRabbi], the Notification dated 17.03.2011, unerringly points out to the position
that for the purpose of pension and other retirement dues, the entire period service 40
years 5 months 3 days from the petitioner's husband's date of entry in service i.e.
27.01.1957 to till his date of retirement, 30.05.1997 is required to be counted for the
purpose of pension and other retirement dues. As such, the decision not to count a
period of 18 years .. months 11 days for the purpose of pension and making
calculation of the pension amount on that basis is found to be incongruent and
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impermissible and accordingly, the same are set aside.
7. As a corollary, the respondent authorities shall now work out the entitlement of
the pension and other retirement dues of the petitioner's husband by counting his
total period of service as 40 years 5 months 3 days and issue a fresh Pension Payment
Order in supersession of the earlier Pension Payment Order. The entire exercise shall
be undertaken and completed within a period of 2 [two] months from the date
submission of a certified copy of this order by the petitioner at the office of the
respondent no. 4 and the respondent no. 5. In the event such exercise is not
completed within a period of 2 [two] months from the said date, the same will carry
an interest of 6% per annum.
8. The writ petition stands allowed and disposed of in terms of the above.
JUDGE
Comparing Assistant
