Hrishikesh Roy, J.

1. Heard Mr. A.K. Bhattacharyaa, learned senior counsel appearing for the appellant (writ petitioner). Also heard Mrs. B. Goyal, learned Government Advocate on behalf of the respondents.

2. This appeal is presented against the judgment and order dated 16.6.2006 in WP (C) No. 3053/04, whereby the learned Single Judge held that the writ petitioner does not qualify for pension under the second condition of Rule 31 of Assam Services (Pension) Rules, 1969 (hereinafter referred to as the Rules) as he was not holding any post on substantive and permanent basis. By the impugned judgment the learned Single Judge by referring to the Proviso to Rule 31 which enables the Governor to relax the rigor of the rule in individual cases, remitted the claim of the writ petitioner who had rendered 14-1/2 years of service under the Assam Official Language (Translation of Central Laws) Commission (hereinafter referred to as the Commission) as the functioning of the Commission was found to be continuing and is expected in continue in foreseeable feature.

3. The appellant was appointed as a Language Officer under the Commission constituted by Notification dated 21.7.1986, for a peri