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2024 Supreme(Gau) 1745

N. UNNI KRISHNAN NAIR
Saribun Nessa Mazumdar W/O- Late Asaddar Ali Mazumdar – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MR. M ISLAM, MS A KHATUN
For the Respondent: SC, P AND R.D., SC, FINANCE,GA, ASSAM

JUDGMENT :

Heard Mr. M. Islam, learned counsel, appearing on behalf of the petitioner. Also heard Mr. P. Handique, learned standing counsel, appearing on behalf of respondents No. 1, 4 & 6; Ms. R. B. Borah, 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 a speaking order, dated 02.03.2023, issued by the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department, inter alia, holding therein, that the date of commencement of pensionable service in respect of the provincialized Panchayat employees, would be reckonable with effect from the date of receiving the regular scale of pay and the period of service rendered prior to such receipt of regular scale of pay, being in the nature of adhoc service, would not be reckoned for the purpose of computation of pension and pensionary benefits.

3. The petitioner, herein, has also presented a challenge to the Pension Payment Order(PPO) issued to her authorizing the family pension along

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