ACHINTYA MALLA BUJOR BARUA
Nur Hussain Mollah S/o. Mezer Uddin Mollah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. M Islam, learned counsel for the petitioner, Mr. S Dutta, learned counsel for the respondents in the P&RD Department, Government of Assam, Mr. JK Parajuli, learned counsel for the respondents No. 2 and 5 being the authorities in the Pension and Public Grievance Department and Mr. B Gogoi, learned counsel for the respondents in the Finance Department.
2. The petitioner was appointed as a Gaon Panhayat Secretary on 08.10.1993 temporarily on muster roll basis at a fixed remuneration of Rs. 900/-per month. The service book of the petitioner indicates that he continued to remain in service and ultimately retired on 03.07.2021. In course of his service, the petitioner was subjected to provincialisation of the service under the Assam Panchayat Employees Provincialisation, Act 1999 (in short Act of 1999).
3. As per section 3 of the Act of 1999, all employees of the Panchayats under the State Government shall be deemed to have been provincialised on and from the appointed date. Section 2(a) of the Act of 1999 defines appointed date to mean the date on which the Act came into force i.e. 01.10.1991. Section 2(b) defines date the date of appointment in relation to any employe
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