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MANISH CHOUDHURY
Bhabendra Kumar Baishya, S/O- Late Jiban Chandra Baishya – Appellant
Versus
State Of Assam, Represented By The Principal Secretary To The Government Of Assam, Panchayat And Rural Development Department – Respondent
JUDGMENT :
Manish Choudhury, J.
Heard Mr. M. Islam, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 4 & 6; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 & 5; and Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent nos. 3 & 7.
2. The necessary facts which are not in dispute and which are also reflected in the Pension Payment Order [PPO] of the petitioner being PPO no. ADP/PRI/PPO /GPO/2012/000668 [at page 77 of the case papers] can be stated as follows :-
3. During the service tenure of the petitioner, the State Government had enacted the Assam Panchayat Employees [Provincialisation] Act, 1999 [‘the Act’, for short] and as per the provisions of the Act, the provincialised Panchayat
The entire service period of provincialised Panchayat employees must be counted for pension calculation, rejecting any arbitrary exclusions.
Provincialized Panchayat employees are entitled to pension based on their entire service duration, not limited to sanctioned posts.
Section 2(b) defines date of appointment in relation to any employee to mean date on which he joined service of Panchayat.
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.
The computation of pension must consider the entire length of service from the initial appointment date, not just the provincialization date.
Provincialized employees are entitled to pension benefits based on their entire length of service, not just the period post-provincialization.
Employees are entitled to pension based on the total length of their service from the initial date of appointment, despite administrative restrictions on pension eligibility calculations.
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