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2013 Supreme(Gau) 611

TINLIANTHANG VAIPHEI
Swarnamai Sarma – Appellant
Versus
State of Assam represented by the Secretary to the Government of Assam, Department of Environment & Forest – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.K. Singh and Mr. B. Kumar, Advocates
For Respondents/Defendant:Ms. H.M. Phukan, Govt. Advocate

JUDGMENT

Tinlianthang Vaiphei, J.

1. This writ petition was originally filed by the husband of the deceased, who died on 1-12-2006 during the pendency of the writ petition, and was thereafter substituted by the present petitioner vide the order dated 30-11-2007 passed by this Court in Misc. Case No. 4121 of 2007. The interesting question of law raised in this writ petition is whether the period of absence of the deceased from 14-10-1973 to 3-5-1990, which was subsequently regularized by the respondent authorities by treating such period as "Dies Non", can be counted for the purpose of pension benefit? The controversy arose on the following facts and circumstances: The deceased joined the post of Forest Guard on 1-5-1956 at the Office of the Forest Range Officer, Lumding and was continuing in that post in that capacity till 1973 by drawing his salaries. However, he had to remain absent from between 14-1-1973 and 3-5-1990 due to mental illness. After his recovery from the illness, he approached the respondent authorities for work. The respondent No. 4 again appointed him as Gate Chowkidar on 24-1-1985. Subsequently, he was appointed as Forest Guard with effect from 2-5-1990; his servic



















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