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2023 Supreme(Gau) 133

KALYAN RAI SURANA
Principal Secretary To The Government Of Assam – Appellant
Versus
All Assam Retired Officers Teachers And Employees Committee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. D SAIKIA

JUDGMENT :

Heard Mr. R. Borpujari, learned counsel for the review petitioner. Also heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. M. Sarma, learned counsel for the respondents.

2. This is an application under Article 215 of the Constitution of India for review of the judgment and order dated 28.04.2016, passed by this Court in WP(C) 61/2011.

3. The respondents were the writ petitioners in the said WP(C) 61/2011. In the writ petition, the case of the respondents herein, in brief, is that the Govt. of Assam constituted Pay Commission in the year 2008, which submitted its report on 15.10.2009. The Govt. of Assam by notification dated 26.10.2009 constituted a committee to examine the report of the Assam Pay Commission, 2008. In due course, the Govt. decided to implement the recommendation of the Assam Pay Commission, 2008 w.e.f. 01.01.2006. However, by virtue of clause 42(A)(i) of the report under heading “General Decisions”, it was indicated that no arrear shall be paid to employees who retired during the period from 01.01.2006 to 31.03.2009. However, it is submitted at the bar by the learned counsel for the petitioner that notional benefit was granted to those employee

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