JIBAN CHANDRA KALITA Vs. THE STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-8-118
HIGH COURT OF GAUHATI
Decided on August 13,2018

Jiban Chandra Kalita Appellant
VERSUS
The State Of Assam And 5 Ors Respondents

JUDGEMENT

NELSON SAILO,J. - (1.) Heard Mr. A. Upadhyay, the learned counsel for the petitioner and Mr. B. Ahmed, the learned Standing Counsel, Irrigation Department appearing for the respondent Nos. 1, 3, 4 and 5. Mr. R. Baruah, the learned counsel appearing for the respondent No. 6 and Mr. N. Goswami, the learned counsel for the respondent No. 2. Also heard Mr. C. Baruah, the learned counsel for the Accountant General, Assam.
(2.) Considering the nature of the controversy, the writ petition is taken up for disposal with the consent of the parties.
(3.) By filing this writ petition, the writ petitioner has sought for a direction to the respondent authorities more particularly, the respondent No. 3 to resubmit his pension papers to the respondent No. 6, after making appropriate fixation his pay in terms of the communication dated 28.03.2017 made by the Senior Accounts Officer under the establishment of the respondent No. 6. The writ petitioner has also pointed out the fact that an explanation for certain irregularities alleged to have been made in the year 2014 has been called for him vide communication dated 19.08.2017 and he gave a reply to the same vide his letter dated 28.08.2017. In this regard, the learned counsel for the petitioner submits that since the petitioner retired from service as Junior Engineer on 29.08.2016, Rule 21(b) (ii) of the Assam Services (Pension) Rules, 1969 will be attracted. He submits that as per the said provision, no proceeding can be drawn against a retired employee, unless there is a sanction from the Governor of the State. There admittedly is no sanction and therefore, there is no impediment in directing the respondent concerned to resubmit the pension papers of the petitioner in terms of the communication dated 28.03.2017.;


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