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 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, Digas Primary Panchayat under Mangaldai Mahukuma Parishad on 01.01.1959. The service of the petitioner was provincialized w.e.f. 01.10.1991. The petitioner, accordingly, superan