SATISH CHANDRA KALITA Vs. ASSAM STATE TRANSPORT CORPORATION
LAWS(GAU)-1994-11-7
HIGH COURT OF GAUHATI
Decided on November 08,1994

SATISH CHANDRA KALITA Appellant
VERSUS
ASSAM STATE TRANSPORT CORPORATION Respondents


Referred Judgements :-

DEOKINANDAN PRASAD VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

- (1.)This application under Article 226 of the Constitution of India has been filed against the 7th Respondent. Respondent No. 6 is the Accountant General, Assam, Bhangagarh, Guwahati-5 and the Respondent No.7 is the Union of India.
(2.)The grievance of the petitioner is that he has not been paid his pension after he was made to retire compulsorily. On 31.1.92 an order was passed as against the petitioner which inter alia reads as follows :
"I, therefore, pass order for compulsory retirement of Shri Satish Chandra Kalita from the service of Assam State Transport Corporation, Junior Conductor in the greater interest of the ASTC with effect from the date of this order. He will get nothing except the subsistence allowance during the suspension period. On considering his service period, it is ordered that he will get all the retirement benefit due to him except stated above."
Thereafter the petitioner subsmitted his pension papers through the respondents for issuing necessary orders for pension for the service rendered under the Government of Assam in the Transport Department. But the same was returned to be submitted after 1.2.96 holding that pension is payable under Rule 98(iii) of the Assam Services (Pension) Rules, 1969 i.e. Annexure- 2 to the writ application. Annexure -2 is quoted below :
"With reference to your letter No. TMV. 253/93/3 dtd. 16.8.93 on the subject: indicated above, I am to return here with the Pension case of Shri Satish Chandra Kalita, Retd. Conductor, with the request to resubmit the same before six months from the date of retirement on superannuation as the pension is payable from 1.2.96 vide Rule 98(iii) of the A.S.P. Rule, 1969."
Hence, this writ application.
(3.)I have heard Sri B. Ullah, learned counsel for the petitioner and Sri K.N. Choudhury, learned counsel for the Respondents No. 6 and 7. None appeares for the Respondents No. 1 to 5.


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