Decided on March 08,2018

STATE OF ASSAM Respondents


Hrishikesh Roy, J. - (1.) Heard Dr. B. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. D. Nath, the learned Addl. Sr. Govt. advocate representing the respondent Nos.1 4. The Accountant General (A&E) and other officers (respondent Nos.5, 6 and 7) are represented by the learned counsel Mr. R.K. Talukdar.
(2.) The petitioner was engaged as an Extra-Writer on 02.08.1967 in the Ratabari Sub-Registry in Karimganj district and his service was regularised w.e.f. 01.08.1988, under the Govt. notification dated 19.05.1989 (Annexure-4). Before regularisation, the petitioner served on daily wage like other Extra-Writers employed in the Registration Department of the Government. Since the ExtraWriters in the Revenue Department were regular service holders under the Government, the All Assam Extra-Writers' Association made demands for service parity with their counterparts in the Revenue Department. Eventually decision was taken on 22.12.1988 in a meeting between the Revenue Minister, Revenue (Registration) Department and the Extra-Writers' Association to ensure parity of service of the Extra-Writers in the two Government departments. The minutes of the meeting held on 22.12.1988 reflects the following:- " . 1. The Government agrees to bring the Extra-Writers of the Registration Department at par with/ in the status of the Extra-Writers of the Revenue Department on the following terms: (a) All the extra-writers who have rendered 7 years continuous service will be paid the same scale of pay as provided to the extra-writers of the Revenue Department. (b) This scale of pay will be effected from 1-8-88 as decided by the Government, but the Extra-Writers' Association demands the same from 1-1-88. (c) For providing the pension and other benefits, their past services will be counted. (d) The cases of those persons who lack continues seven (7) years' service as on 22-12-88 will be examined within 30-6-89 for appropriate decision. ."
(3.) As can be seen from the above decision, the past services of the ExtraWriters prior to regularisation, were to be taken into account for determination of pension. In fact in the notification dated 27.06.1983 (Gazetted on 22.07.1983), it was notified that the Assam Pay Commission had recommended extension of pensionary benefits (available to permanent govt. servants) also to the temporary govt. servants, who had rendered minimum 20 years of service. This recommendation of the Pay Commission was incorporated and accepted under Clause 18 (page-45) in the following terms:- "18. Pension to temporary Government Servants: The Commission recommended for extension of the same pensionary benefits, as available to a permanent Government servant, to a temporary Government servant who has rendered not less than 20 years of service and this recommendation is accepted. Necessary orders will be issued separately.";

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