Point of Law: Rule 197A of the Pension Rules provides for interest of delayed payment of pension and gratuity.

ORDER :

1. Heard Mr. R. Chakraborty, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned Standing counsel Cooperative department, Mr. N. Dhar, learned Standing Counsel A.G. and Mr. J.K. Goswami, learned Standing Counsel Pension and Mr. B. Gogoi, learned counsel Finance Department for all the respondents.

2. By way of this writ petition, the petitioner challenges the order of suspension bearing No. CE (P) 470/94/182 dated 2.6.2008 and also prays for balance salary and increment as admissible with effect from 27.4.2005 (first suspension) to 2.8.2005 (reinstatement) and w.e.f. 28.3.2007 (second suspension) to 28.8.2007 (reinstatement). The petitioner also prays for a direction for release of his pensionary benefit including DCRG. The facts of the case of the petitioner are as follows:

(i) The petitioner was working as non cadre Secretary in Rani Bholagaon Samabai Samiti and the service of the petitioner was encadred as cadre Secretary vide order dated 5.11.1993.

(ii) On 27.4.2005 he was put under suspension and subsequently he was reinstated on 2.8.2005. Subsequently the petitioner was again put under suspension again on 28.3.2007 by Registrar of Cooperative Society, Assam for alleged misappropriation of Rs. 90,000/-. After filing of show cause reply. The petitioner was reinstated in service on 29.8.2007.

(iii) Such suspension was challenged before this court and according to the petitioner the recovery as directed was stayed. Subsequently the petitioner was once again suspended on 2.6.2008. During the period of suspension the petitioner retired on superannuation on 31.5.2010 which was communicated to the petitioner vide communication 31.5.2010 (Annexure-5).

(iv) According to the petitioner he received subsistence alongwith @ 50% w.e.f. 27.4.2005 till his reinstatement on 2.8.2005 and thereafter at the same rate w.e.f. 28.3.2007 to 28.8.2007. Thereafter he received subsistence allowance @ 75% till his date of superannuation.

(v) Though the petitioner prayed before the authority for release of his pensionary benefits and the salaries during the period of suspension nothing was forthcoming. It is also the case of the petitioner that the petitioner has not been punished in any departmental proceeding nor any departmental proceeding was concluded. Therefore he is entitled for regularisation of his period of suspension and payment of his pensionary benefits.

(vi) Subsequently, vide communication dated 18.9.2014 bearing No. CE (P) 470-94-258 issued by the Registrar of Cooperative Societies, Assam addressed to the Accountant General (A&E) the former intimated the later interalia, amongst others that the petitioner has not completed 20 years of service and was also not confirmed in any post. But he was provincialised w.e.f. 22.9.1994. The petitioner claims that he is entitled for the pensionary benefits under the policy decision taken by the State authorities even he as not completed the 20 years of service. Learned counsel for the petitioner submits that since his service has been provincialised, ten years continuous service will entitled him for pensionary benefits.

3. From the affidavit in opposition, it is crystallized that a show cause was issued vide communication dated 2nd June 2005, wherein no allegation of misappropriation was leveled against the petitioner. Petitioner filed reply to such show cause and the authority being satisfied with such reply vide communication dated 2.8.2005, was pleased to reinstate him in service with a caution to be careful in future. Subsequently, as recorded hereinabove, the petitioner was put under suspension for the second time and this time with allegation of misappropriation of public fund. Show cause dated 11.5.2007 was issued with three charges, with allegation of misappropriation funds. Subsequently, the suspension order dated 28.3.2007 was vacated and the petitioner was reinstated. Thereafter, yet another show cause notice was issued on 11.6.2008 with a single charge of misappropriat