Nilambor Mudoi v. The State of Assam and 7 Ors

ORDER

28.08.2024. Heard Shri M Khan, learned counsel for the petitioner and Shri S Dutta, learned Standing Counsel, P&RD Department, Assam. Also heard Ms. M Barman, learned counsel appearing on instructions of Shri SK Medhi, learned Standing Counsel, Accountant General, Assam as well as Shri A Chaliha, learned Standing Counsel, Finance Department, Assam.

¶2By filing this petition, the petitioner has claimed for release of his pension and other post retirement benefits. It is the case of the petitioner that he was appointed as Grade-IV (Peon) on 19.03.1996. The said appointment has been contended to be made against the valid sanctioned post. Vide an order dated 01.06.2013, 50 nos. of Page No.# 3/5 employees of the Department were given the benefit of regularization of service which included the petitioner. The petitioner has retired from service on attaining the age of superannuation on 31.07.2023. The grievance of the petitioner is that he has not been paid his pension and other post retirement benefits. It is contended that the petitioner has been regularized w.e.f., 01.06.2013 i.e. after 01.02.2005, his services fall under the New Pension Scheme.

¶3On this issue, the learned counsel for the petitioner has referred to the judgment and order dated 13.05.2024 passed in WP(C)/1517/2023 and WP(C)/1903/2023 whereby directions were given for release of pension and other post retirement benefits. It is submitted that the petitioner is similarly placed with the petitioners in those two cases and therefore a similar order may be passed. In this regard, the he has referred to the judgment which has been annexed as Annexure 15 to the writ petition.

¶4Shri Handique, learned Standing Counsel, P&RD Department has submitted that though on principle he would not raise any issue on the judgment rendered on

13.05.2024, he submits that a verification exercise be allowed to ascertain the entitlement of the petitioner. The learned counsel for the other respondents have also endorsed the said submission made on behalf of the Department.

¶5After hearing the learned counsel for the parties and also taking into consideration the submission made on behalf of the Department, this Court has noticed that the aforesaid two writ petitions which were disposed of vide a judgment and order dated 13.05.2024 contains the following observations and directions:

"19. The law laid down by the Apex Court as well as this Court is that services rendered by any employee prior to their regularization should be counted Page No.# 4/5 towards their pensionary benefits if there is any shortfall in their services rendered after being regularized. Under such circumstances, when there is no dispute that the petitioners have rendered services in ad-hoc capacity continuously against valid sanctioned posts without any break in service and they came to be subsequently regularized by the Government and at the time of their superannuation, the employees did not have qualifying services from the date of their regularizations, then in the opinion of this Court and as has been held by several decisions as discussed above, the period of services rendered in ad-hoc capacity against valid sanctioned posts can also be counted for the purposes of satisfying the qualifying period of service prescribed under Rule 31 of the Assam Service (Pension) Rules, 1969.

¶20Accordingly, the respondents are directed to forthwith the process the pension papers and forward them to the competent authority by considering the balance period of service required to W.P(C) No. 1517/2023 & W.P.(C) No. 1903/2023 satisfy the qualifying period of service under the pension Rules from the services rendered earlier in their ad-hoc capacity against the vacant sanctioned posts.

¶21The respondent authorities will thereafter release the pensions and the other retiral benefits to the writ petitioners as expeditiously as possible within the outer limit of 90 (ninety) days from the date of receipt of a certified copy of this order."

¶6The facts projected being similar to the facts in those two cases, this Court directs that the observations and directions made in the judgment and order dated

13.05.2024 would also be applicable to the present petitioner. The authorities are however given the liberty to verify on the factual aspect and thereafter take action in accordance with law. Page No.# 5/5

¶7The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010171502024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4295/2024o NILAMBORoMUDOIo S/O-oLATEoDEBENoMUDOI,oR/O-oVILL-oBLOCKoNO.2,oDEWBALIoBLOCK,oP.O.o THAISUPAR,oDIST.-oHOJAI,oASSAM,oPIN-o782446 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENT,oDISPUR,oGUWAHATI-o781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-o781006 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oJURIPAR oPANJABARI oGUWAHATI-o781037 5:THEoACCOUNTANToGENERAL oASSAM oBELTOLA oGUWAHATI-o28 6:THEoDIRECTORoOFoPENSION Page No.# 2/5 HOUSE FED COMPLEX DISPUR GUWAHATI- 781006 7:THE CHIEF EXECUTIVE OFFICER HOJAI ZILA PARISHAD HOJAI DIST.- HOJAI ASSAM PIN- 782435 8:THE TREASURY OFFICER HOJAI DIST.- HOJAI ASSAM PIN- 78243 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : SC, P AND R.D., SC, AG (A AND E),SC, FINANCE DEPTT.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI