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DEVASHIS BARUAH
Nibaran Malakar and S/o Late Noresh Malakar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. M. Saikia, the learned counsel for the petitioners and Mr. A. Kalita, the learned counsel appearing on behalf of the respondent Nos. 1 and 5. Also heard Mr. J.K. Goswami, the learned counsel appearing on behalf of the respondent Nos. 2 to 4 as well as Mr. P. Nayak, the learned counsel appearing on behalf of the respondent No. 6.
2. The facts in both the writ petitions being similar and the question of law involved are paramateria, both the writ petitions are taken up for disposal by this common judgment.
3. The issue involved in the writ petition filed at a later point of time pertains to as to whether the petitioners would be entitled to the revision of pay in terms with the Assam Services (ROP) Rules, 2010 as well as other benefits as claimed in the writ petitions. It further transpires from a perusal of the writ petition registered as WP (C) No. 807/2013 that it is the case of the petitioners that in terms with the Wage Board’s recommendation, the age of the superannuation was 60 years and also as per the Government of Assam’s Office Memorandum dated 25.01.2005, the age of retirement of Grade-IV employees was 60 years whereas the retireme
Employees who retire before the implementation of revised pay rules cannot claim benefits under those rules; their entitlements must be determined according to the provisions applicable at the time o....
An employee who retires on the last day of the month in which they attain superannuation acquires the status of pensioner only on the following day, thus affecting the applicability of pension rules.
Provincialized employees are entitled to pension benefits based on their entire length of service, not just the period post-provincialization.
The court upheld the retirement age of 58 years as per established service rules, rejecting claims for parity with the Chief Executive's extended retirement age of 60 years, emphasizing rule adherenc....
The court upheld the retirement age of 60 for employees of a public sector undertaking, declaring attempts to roll back this age unauthorized without Cabinet approval.
The computation of pension must consider the entire length of service from the initial appointment date, not just the provincialization date.
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