IMPORTANT POINT
The court established that pension eligibility is based on total service duration from initial appointment, not just provincialized service.

JUDGMENT :

Heard Mr. A. N. Ahmed, learned counsel, appearing on behalf of the petitioners. Also heard Mr. P. Handique, learned standing counsel, appearing on behalf of respondents No. 1, 2 & 3; Ms. R. B. Borah, learned Government Advocate, Assam, appearing on behalf of respondents No. 4 & 5; and Mr. B. Sharma, learned standing counsel, Accountant General, Assam, appearing on behalf of respondent No. 6.

2. The present proceeding was instituted by Ahmed Ali @ Md. Ahmed Ali, inter alia, praying for being authorized, his pension and pensionary benefits on his retirement as a Tax Collector in Chapoi Gaon Panchayat. During the pendency of the present proceeding, the original petitioner i.e. Ahmed Ali @ Md. Ahmed Ali expired on 21.03.2021. Thereafter, his wife and son, namely, Jahura Khatun and Azizur Rahman, respectively, instituted an interlocutory application being IA(c)912/2022, praying for substituting themselves in place of the original petitioner in the present proceeding i.e. WP(c)252/2017. The substitution, as prayed for, in the said interlocutory application, was allowed by this Court vide order, dated 15.03.2024. However, it is seen that the names of the substituted petitioners have not been reflected in the Cause Title of the present writ petition. Accordingly, Registry is required to effect the necessary corrections in the Cause Title of the writ petition and also in the CIS, in terms of the directions passed by this Court vide order, dated 15.03.2024, in IA(c)912/2022, as well as the order, dated 15.03.2024, passed in the present proceeding.

3. Situated thus, the instant writ petition is being considered by reckoning Jahura Khatun and Azizur Rahman as the writ petitioners.

4. The original petitioner, namely, Ahmed Ali @ Md. Ahmed Ali was initially appointed as Secretary in Kharpuri Gaon Panchayat w.e.f. 17.05.1962. He, accordingly, joined his service on 22.05.1962. The original petitioner was, thereafter, transferred to Chapoi Gaon Panchayat as a Tax Collector. The service of the original petitioner was provincialized in terms of the Assam Panchayat Employees (Provincialized) Act, 1999, w.e.f. 01.10.1991. The original petitioner retired from his service on attaining the age of superannuation w.e.f. 30.11.2000.

5. The materials brought on record, reveal that the pension papers of the original petitioner was forwarded by the Commissioner, Panchayat & Rural Development Department, to the Director of Pension, Government of Assam, on 27.03.2014 and therein, it was indicated that the original petitioner was authorized provisional Pension and provisional DCRG. The said pension proposal of the petitioner was not finalized by the Director of Pension, Assam, on the ground that the original petitioner had not completed 20 years of qualifying service.

6. Mr. Ahmed, learned counsel for the petitioners, by placing reliance on the provisions of the Assam Panchayat Employees(Provincialization) Act, 1999, has submitted that the term “date of appointment” has been defined in the said Act, to mean in relation to an employee the date on which, he/she had joined the service of the Panchayat. The learned counsel has further placed his reliance on the decision of a Division Bench of this Court rendered in the case of State of Assam & anr. v. Syed Md. Fazlay Rabbi and other analogous matters, vide judgment & order, dated 24.03.2010, in WA No. 145/2009, and has contended that this Court, in the said decision, had held that the benefits of the provisions of the Act including those for pension and other retirement dues, would be available to the provincialized employees in service on or after 01.10.1991, on the basis of the length of their service reckoned from the date of their initial appointment.

7. Mr. Ahmed, learned counsel for the petitioner, has, accordingly, submitted that the original petitioner would be entitled to reckon the service rendered by him w.e.f. 22.05.1962 till the date of his superannuation on 30.11.2000, as his qualifying service