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N. UNNI KRISHNAN NAIR
Gokul Chandra Bora S/o Late Hemo Ram Borah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. M. Islam, learned counsel, appearing on behalf of the petitioner. Also heard Mr. S. Dutta, learned standing counsel, appearing on behalf of respondents No. 1, 4 & 6; Mr. D. Bora, learned Government Advocate, Assam, appearing on behalf of respondents No. 2 & 5; and Mr. P. Nayak, learned standing counsel, Finance Department, appearing on behalf of respondents No. 3 & 7.
2. The petitioner by way of instituting the present proceeding, has presented a challenge to the fixation of his pension and pensionary benefits at a lower stage in the Pension Payment Order(PPO) issued to him on account of the fact that the entire service rendered by him as a Panchayat employee, was not treated as qualifying service and only a part of such service came to be so reckoned as qualifying service for the purpose of computation of his pension and pensionary benefits vide the said Pension Payment Order(PPO).
3. As projected in the writ petition, the petitioner, herein, was initially appointed as a Secretary, Khatowal Primary Panchayat under Nagaon Mahukuma Parishad on 01.05.1957. The service of the petitioner was provincialized w.e.f. 01.10.1991. The petitioner, accordingly, superannuated
Provincialized Panchayat employees are entitled to pension based on their entire service period, 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 duration, not limited to sanctioned posts.
The computation of pension must consider the entire length of service from the initial appointment date, not just the provincialization date.
Provincialized employees are entitled to pension benefits based on their entire length of service, not just the period post-provincialization.
The court ruled that pension eligibility must consider the entire service period from initial appointment, not just post-regularization.
The court established that pension eligibility is based on total service duration from initial appointment, not just provincialized service.
The entire service period of provincialised Panchayat employees must be counted for pension calculation, rejecting any arbitrary exclusions.
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