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DEVASHIS BARUAH
Phanidhar Choudhury S/o Late Pito Ram Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S. Kataki, the learned counsel appearing on behalf of the petitioner and Mr. S. S. Roy, the learned Standing counsel appearing on behalf of the respondent No. 1. I have also heard Mr. P.N. Goswami, the learned Standing counsel of Assam Cooperative Apex Bank Ltd. who represents the respondent Nos. 2, 3 and 4.
2. The petitioner before this Court has filed the instant writ petition challenging Clause-2 of the Staff Circular No. 49/2010 dated 17.08.2010 on the ground that the said Clause violates the mandate of Article 14 of the Constitution of India inasmuch as there is no reasonable classification for not granting the petitioner the enhanced pay for the period from 01.01.2004 to 31.12.2007.
3. The case of the petitioner herein is that he joined the respondent No. 2 Bank on 01.08.1970 and thereupon was transferred to several branches of the Bank and finally the petitioner joined the Silpukhuri Branch on 29.06.1998 as Branch Manager and retired from service w.e.f. 31.12.2007. It is the further case of the petitioner that pursuant to the Assam Services (Revision of Pay) Rules, 2010 (for short “the Rules of 2010”) which was brought into force w.e.f
Classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of India
The court upheld the government's policy decision to set a cut-off date for extending monetary benefits to retirees, affirming that such classifications are permissible under constitutional provision....
It is a well settled principle of law that statutory rules cannot be altered or amended by executive orders or circulars or instructions nor can they replace the statutory rules. The rules made under....
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
Sympathies cannot override the Rules and Regulations.
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