Continuous service against a Government sanctioned post, with pay fixed by the Government and a permanent status, satisfies the conditions for pension entitlement under Rule 31 of the Assam Services (Pension) Rules, 1969.

Amitava Roy, J.

1. Being aggrieved by the non payment of his pensionary benefits the petitioner who had retired from service with effect form 31.3.2000 is before this court.

2. I have heard Mr. D, Baruah, leaned counsel, for the petitioner and Mr. H. K. Sarma, learned State counsel. Also heard Mr. A. K. Goswami, learned counsel for respondent No. 4.

3. The facts in bare minimum are that the petitioner was initially appointed as Addl. Teacher of Karkak L. P. School by order dated 30.7.1953 issued by the Secretary Primary Education Board, Mikir Hills District council, Diphu. The appointment was against a Government sanctioned post. It is the case of the petitioner that he was permanently appointed in the post of Addl. Teacher in the year 1973 and the pay benefit as prescribed was made available to him. He was thereafter promoted as Head Master. Borlanpahar L. P. School under the Karbi District Council, Diphu. His pay was fixed from time to time from Government and same was sanctioned by the Director of the Elementary Education, Assam. On his request the petitioner in the year 1995 was transferred from Borlanpahar L P School to Puranigudam L P School. Nowgong against a vacant post which had arisen due to the retirement of one Shri Bhudheswar Baruah. Pursuant to the said order, the petitioner was duly released from Barlanpahar L P School and accordingly he joined his duties at Puranigudam L P School. The Dy. Inspector of Schools, Nowgong by order dated 25.10.1995 granted permanent status of the petitioner. Eventually, the petitioner retired on reaching the age of superannuation on 31.3.2000.

4. After his retirement the Dy. Inspector of Schools accorded sanction of pension to the petitioner of Rs.3,781 P.M. which he received from 1.4.2000 to 31.3.2001. But thereafter his pension was withheld. On enquiry, the petitioner come to learn that some queries have been made from the office of the Director of Elementary Education pertaining to his transfer to Puranigudam Model L P School from a school under Karbi Anglong District Council and whether his post under the post was pensionable. In reply thereto, the District Primary Education officer, Karbi Autonomous Council by communication dated 3.12.2002 approved the Addl. Director, Education, Kahilipara that the post held by the petitioner as Addl. Teacher of Barlanpahar L P School was a Government sanctioned post and his appointment was made by the District Council against the said post. It was further indicated in the said communication that the process for sanctioning pension of the petitioner had already been undertaken.

5. According to the petitioner, the action of the said authorities in withholding his pensionary benefits is arbitrary and illegal and therefore a writ of mandamus ought, to be issued directing them to release the same as due to him under the law.

6. Though no affidavit has been filed, Mr. Sarma, learned State counsel produced before this court, the parawise comments furnished by the Director of Elementary Education, Assam. The stand of the state respondents appears to be that the petitioners service rendered under the Karbi Anglong Autonomous District Council was not pensionable at the relevant time and that process has been initiated for making it pensionable as is reflected in the letter dated 3.12.2002. The plea taken is that as the service rendered by the petitioner while posted at Nowgong w.e.f. 1.6.1995 till his retirement though pensionable is less than 10 years his pension has been held up for the time being pending a final decision, in the matter.

7. Mr. Baruah, learned counsel for the petitioner in the above factual premises has submitted that in the facts and circumstances of the case, the stand of the State respondents that the services rendered by the petitioner under the Karbi Anglong. Autonomous District Council is not pensionable is wholly untenable. The appointment of the petitioner having been made admittedly against a Government sanctioned post and h