Shahara Khatun v. The State of Assam and 6 Ors

O R D E R

Date : 04.10.2024.

Heard Ms. D. Ghosh, learned counsel appearing on behalf of Ms. R. Barua, learned counsel for the petitioner. Also heard Ms. N. Borah, learned Standing Counsel, P. & R.D.; Mr. C.K.S. Baruah, learned Government Advocate, Assam; and Mr. R. Borpujari, learned Standing Counsel, Finance Department.

¶2By 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. Page No.# 3/3

¶3It 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.

¶4In 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 Abdur Rashid shall be reckoned from the date of his initial appointment i.e. 23.10.1965 in the service of the Gaon Panchayat Secretary for grant of family pension and other retiral benefits.

¶5It is further clarified that the entire exercise shall be completed within a period of two months from 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.

¶6The writ petition stands allowed in the extent indicated above. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010068822024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1865/2024o SHAHARAoKHATUNo W/O-oLATEoABDURoRASHID,o R/O-oVILLAGE-oAIRZANLA,o POoANDoDISTRICT-oDHUBRI,o ASSAM,oPIN-o783301. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oPENSIONoANDoPUBLICoGRIEVANCESoDEPARTMENT oASSAM oDISPUR oGUWAHATI-o781006. 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENT oASSAM oJURIPAR oSIXoMILE oGUWAHATI-o37. 5:THEoDIRECTORoOFoPENSION oASSAM Page No.# 2/3 HOUSEFED COMPLEX DISPUR GUWAHATI-06. 6:THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301. 7:TREASURY OFFICER DHUBRI TREASURY DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : MS. RUKMINI BARUA, MS. PADMINI BARUA Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI