TAHERUDDIN AHMED Vs. STATE OF ASSAM AND 6 ORS
HIGH COURT OF GAUHATI
State Of Assam And 6 Ors
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Nelson Sailo, J. -
(1.) Heard Mr. M. Islam, the learned counsel representing the petitioner and Mr. M.R. Adhikari, the learned Government Advocate appearing for the respondent Nos. 1,2,4,5 and 7. Also heard Mr. R. Borpujari, learned Standing Counsel Finance Department appearing for respondent Nos. 3 and 6. Although the respondents have not filed affidavit-in-opposition but having regard to the nature of the case as projected by the writ petitioner, the writ petition is taken up for final disposal.
(2.) The case of the writ petitioner, may briefly be noted at the outset . The petitioner was initially appointed as Panchayat Secretary on 15.09.1960 in the office of the Hatimoria Gaon Panchayat under Morigaon Zilla Parishad on a fixed monthly remuneration. He was subsequently absorbed in the post of Tax Collector in the said establishment with a certain pay scale w.e.f. 1975. Upon attaining the age of superannuation, the petitioner retired from service on 30.11.1992 as Tax Collector, Dhumkura Gaon Panchayat under Morigaon Zilla Parishad but no pension was given to him. The petitioner having rendered more than 32 years of service since his initial appointment, has approached this Court for payment of his pension and other retirement dues including gratuity.
(3.) The learned counsel for the petitioner Mr. M. Islam submits that a number of employees who have rendered their services in various capacities under Panchayat in the State of Assam approached this Court for payment of their pension and other retirement benefits. The case was adjudicated by a Division Bench of this Court and consequently, vide a common judgment and order dated 24.03.2010 passed in Writ Appeal No. 145/2009 amongst others, all the cases related to the claim for pension was disposed of. As per the judgment and order of the Division Bench, the length of service of the Panchayat Employees are to be reckoned from the date of the initial appointment for the purposes calculating qualified period in order to be eligible for pension. The decision of the Division Bench was put to challenge in SLP No. 19351- 19360/2010 but however, the Apex Court vide Order dated 02.08.2010 dismissed the SLP and in view of dismissal of the SLP, the decision of the Division Bench has attained finality.;
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