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ACHINTYA MALLA BUJOR BARUA
Fayjul Islam, S/o. Late Mayazuddin Sheikh – Appellant
Versus
State Of Assam, Through The Commissioner And Secretary To The Govt. Of Assam, Pension And Public Grievance Cell, Dispur Guwahati – Respondent
JUDGMENT :
1. Heard Mr. KP Pathak, learned senior counsel for the petitioner, Ms. R Bora, learned counsel for the respondents in the Agriculture Department, Mr. JK Goswami, learned Additional Senior Government Advocate for the respondents No. 1 and 3 being the authorities in the Pension and Public Grievance Department and Mr. RK Talukdar, learned counsel for the respondent No. 4 being the Accountant General (A&E), Assam.
2. The petitioner, who was an Executive Engineer (Agriculture) in the Agriculture Department of the Government of Assam, retired from service upon attaining the age of superannuation on 31.01.2019. It is stated that after retirement from service, the petitioner is being paid the provisional pension, but the final pension had been withheld. With the aforesaid grievance, this writ petition is instituted.
3. The respondents in the agriculture department refers to ACB Case No. 08/2012 under sections 13(1)(d)/13(1)(e)/13(2) of the Prevention of Corruption Act, 1988 that had been registered against the petitioner and takes a stand that because of the registration of the aforesaid ACB Case No. 08/2012, the pension of the petitioner had been withheld in exercise of the pow
The right to receive pension and retirement benefits is a valuable right vested in a government servant, protected under Article 300-A of the Constitution of India. The court emphasized that the paym....
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
Inordinate delay in departmental proceedings affecting pension rights can warrant judicial intervention for timely resolution, but does not automatically terminate the proceedings.
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