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SOUMITRA SAIKIA
Ranjan Nath – Appellant
Versus
State of Assam represented by the Principal Secretary to the Govt. of Assam, Panchayat and Rural Development – Respondent
JUDGMENT :
Both these writ petitions are taken together as it relates to the claims for pensionary benefits by the respective writ petitioners.
2. In W.P.(C)No. 1517/2023, the writ petitioner was appointed as a Tax Collector on temporary basis at Narshingpur Anchalik Panchayat under Cachar Zilla Parisad for a period of 90 days in the appropriate scale of pay. His services were thereafter extended from time to time without any break. Subsequently, by orders of the Government, petitioner was regularized on 01.06.2023. During his service period as an ad-hoc employee, the petitioner was receiving the benefit of revised pay-scale. The petitioner had rendered his services during the ad-hoc period against a valid sanctioned post. The petitioner rendered his continuous services as ad-hoc employee from 15.05.1996 to 31.05.2013 which is little more than 17 years. Pursuant to his regularization, he rendered his services as a regular employee in the same sanctioned post from 01.06.2013 to 31.05.2021 that is for 7 years 9 months. Petitioner thereafter superannuated from service on 31.03.2021. Although the pension papers have been duly submitted by the petitioner and forwarded to the competent aut
The main legal point established in the judgment is that the period of services rendered in ad-hoc capacity against valid sanctioned posts can be counted for satisfying the qualifying period of servi....
Provincialized Panchayat employees are entitled to pension based on their entire service duration, not limited to sanctioned posts.
The entire service period of a Panchayat employee must be considered for pension computation, not just the provincialized period.
The entire service period of a Panchayat employee must be considered for pension computation, not just the provincialized period.
Provincialized Panchayat employees are entitled to pension based on their entire service period, not limited to sanctioned posts.
Rule 31 of Assam Services Pension Rule, 1969 entitles a person for pension when service is under Government, secondly, employment is substantive and permanent and thirdly, servant must be paid by Gov....
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Ad hoc service followed by regularization counts as qualifying service for pension and gratuity under CCS (Pension) Rules, 1972, Rule 13, preventing discriminatory exclusion of prior service.
The court established that pension eligibility is based on total service duration from initial appointment, not just provincialized service.
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