N. UNNI KRISHNAN NAIR
Saribun Nessa Mazumdar W/O- Late Asaddar Ali Mazumdar – Appellant
Versus
State Of Assam – Respondent
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
The court ruled that pension eligibility must consider the entire service period from initial appointment, not just post-regularization.
Provincialized employees are entitled to pension benefits based on their entire length of service, not just the period post-provincialization.
The computation of pension must consider the entire length of service from the initial appointment date, not just the provincialization date.
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.
Provincialized Panchayat employees are entitled to pension based on their entire service duration, not limited to sanctioned posts.
The court established that pension eligibility is based on total service duration from initial appointment, not just provincialized service.
The right to receive pensionary benefits is constitutional and cannot be denied based on non-regularization of service, particularly after long continuous service, as it violates principles of fairne....
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....
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