Back
K. SEMA
Saret Kro, S/o Late Vive Kro – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. K.R Patgiri, learned counsel for the petitioner, Mr. B. Gogoi, learned for the respondent No. 1, 3 & 6, Mr. B. Chakraborty, learned Standing counsel, Accountant General for the respondent No. 4 and Ms. S. Kemprai, learned counsel for the respondent No.5.
2. The case, in brief, as projected by the learned counsel for the petitioner is that the petitioner was initially appointed as a Muster Roll worker under the Office of the Executive Engineer, Barpathar (Road) Division, Silonijan on 01/04/1991. Thereafter, the service of the petitioner was regularized as Grade-IV employee w.e.f. 30/09/2005 vide the communication dated 30/09/2005 issued by the Government of Assam, Public Works Department(PWD), Audit Branch, Dispur, Guwahati.
3. It is the case of the petitioner that in the communication dated 30/09/2005, the petitioner’s name appears at Sl. No. 14 under the Barpathar Road Division, NC Hills and the date of engagement of the petitioner is shown as 01/04/1991. The petitioner retired from service on 30/04/2016 on attaining the age of superannuation after rendering service for 25 years 29 days.
4. After the retirement from service, the petitioner submitted the pension
The deduction of initial Muster Roll service years for pension eligibility is unreasonable; continuous service must be recognized in full.
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.
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....
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.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
