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DEVASHIS BARUAH
Engkam Lienthang S/o Mangpu Lienthang – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. A. Dasgupta, the learned Senior Counsel assisted by Mr. A. Kundu, the learned counsel appearing on behalf of the petitioner. Mr. Rahul Dhar, the learned counsel appears on behalf of the respondent No. 3 to 5, Mr. Rupak Dhar, the learned counsel appears for the respondent No. 6 and Mr. D. Borah, the learned counsel appears for the respondent No. 1 and 2.
2. The case of the petitioner herein is that the petitioner was initially appointed on 1.4.1989 as a Muster Roll Worker in the Public Works Department, Mahur Road Division. Thereupon his service was regularised on 7.10.2005 w.e.f. 22.7.2005. The petitioner retired from service on 30.6.2007. However, the respondent No. 6 have rejected the pension proposal of the petitioner on the ground that the petitioner had served only for a period of 12 years 2 months 29 days after deducting 6 years which is less than 20 years. The case of the petitioner is that the petitioner’s service was regularized w.e.f. 22.7.2005 and the same therefore dates back to the date of the petitioner’s initial appointment i.e. from 1.4.1989 and as such the service period of the petitioner for pension is 18 years 2 months 29
The deduction of initial Muster Roll service years for pension eligibility is unreasonable; continuous service must be recognized in full.
Point of Law : Provision of Rule 140 of the Assam Services (Pension) Rule 1969, which inter alia provides that in case of death while in service, the government servant should have completed one year....
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.
The Court established that long service without regularization due to administrative error entitles the employee's family to pensionary benefits.
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