JUDGMENT :

A.D. Choudhury, J.

1. Heard Mr. K. Konwar, learned Additional Advocate General, Assam for the appellants representing the P&RD Department, Government of Assam. Also heard Mr. M. Islam, learned counsel for the sole respondent.

2. The factual background of the case:

I. The present intra court appeal is directed against the Judgment and Order dated 05.08.2022 passed by the learned Single Judge in WP (C) No. 4397/2022.

II. The sole respondent, who is a Gaon Panchayat Secretary, approached the Single Bench by filing the aforesaid writ petition seeking a writ of certiorari for setting aside and quashing an order dated 28.03.2018 issued by the Secretary to the Govt. of Assam, P&RD, by which the State authorities accorded ex-post-facto approval for creation of 1272 numbers of post of Gaon Panchayat Secretary with effect from 30.05.2003 to 03.02.2016. However, it was provided that such creation of post shall not be treated for the purpose of the Gaon Panchayat Secretaries to receive pension and other retiral benefits. This part of the communication dated 28.03.2018 is the offending part as pleaded by the writ petitioner.

III. The learned Single Judge allowed the writ petition and direc