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ACHINTYA MALLA BUJOR BARUA
Abdul Haque Choudhury, S/o Late Mazammil Ali Choudhury – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. LR Majumdar, learned counsel for the petitioner. Also heard Ms. S Baruah, learned Junior Government Advocate for the respondent No.1 being the Judicial Department, Government of Assam and Mr. HK Das, learned counsel for the respondents No.2 and 3 respectively being the Registrar (Administration) Gauhati High Court, Guwahati and the Chief Judicial Magistrate Cachar, Mr. B Chakraborty, learned counsel for the respondent No.4 being the Accountant General (A & E), Assam.
2. The petitioner was appointed as a casual employee (contingent) on a fixed remuneration of Rs.900/-per month w.e.f. 01.11.1993 as per the order of the Chief Judicial Magistrate (for short, the CJM) Cachar dated 30.10.1993. Subsequently, the services of the petitioner stood regularised as per the order dated 17.11.2015 of the CJM Cahcar and thereupon he retired from service on 31.10.2020.
3. The grievance raised in this writ petition is that the pensionery benefits of the petitioner had not been paid. In this respect, a communication dated 02.12.2020 of the Senior Accounts Officer in the Office of the Principal Accountant General (A & E), Assam has been brought to the notice of the Court which provid
The deduction of initial Muster Roll service years for pension eligibility is unreasonable; continuous service must be recognized in full.
The main legal point established in the judgment is that the period of services rendered in ad-hoc capacity against valid sanctioned posts can be counted for satisfying the qualifying period of servi....
The denial of family pension based on unreasonable deductions of service years violates legal principles of fairness; unmarried dependent daughters are entitled to pension as per amended Rule 143.
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