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N. UNNI KRISHNAN NAIR
Nasiran Nessa Bibi@ Nasiran Bibi W/o Late Mosaraf Hossain – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Ms. Rukmini Barua, 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 the computation of the pension and pensionary benefits as made by the respondent authorities in the Pension Payment Order(PPO) being No. ADP/PRI/PPO/GPO/2011/000108, issued to the petitioner, herein.
3. As projected in the writ petition, the husband of the petitioner late Mosaraf Hossain was initially appointed as an employee of Baladoba Gaon Panchayat on 05.02.1958. In terms of the provisions of the Assam Panchayat Employees(Provincialization) Act, 1999; the service of the husband of the petitioner was provincialized w.e.f. 01.10.1991. The husband of the petitioner, thereafter, retired from his service as a Lower Division Assistant on attaining the age of superannuation w.e.f. 31.10.1997.
4. The D
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 court ruled that pension eligibility must consider the entire service period from initial appointment, not just post-regularization.
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 entire service period of provincialised Panchayat employees must be counted for pension calculation, rejecting any arbitrary exclusions.
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