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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Narendra Pratap Singh S/o Late Vishwanath Singh – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. A. M. Barbhuiya, learned counsel, appearing on behalf of the appellants. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department, appearing on behalf of respondents No. 1 & 2; Mr. R. K. Talukdar, learned standing counsel, Accountant General, appearing on behalf of respondent No. 3; and Mr. S. Sarma, learned Government Advocate, appearing on behalf of respondent No. 4.
2. The appellants, herein, by way of instituting the present intra-Court appeal, have presented a challenge to a judgment & order, dated 21.03.2023, passed by the learned Single Judge in WP(c)620/2018.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The appellants No. 1, 2 & 3, herein, were initially recruited as Lecturers at Kokrajhar College on 01.07.1967, 01.07.1975 and 23.09.1970, respectively. The employees of the said College, at the relevant point of time, when the appellants had been so recruited, were covered by the provisions of the “Assam Aided College Employees Rules, 1960”. In terms of the said Rules of 1960, more part
The court determined that employees who superannuated at 58 years under the Assam College Employees (Provincialization) Act, 2005, are not entitled to pensionary benefits beyond superannuation pensio....
The court affirmed that the provisions for family pensions apply retroactively to deceased employees if conditions are fulfilled, reflecting principles of equity and social justice.
Family pension is a legal entitlement for the families of deceased employees, applicable even if the deceased retired prior to the law's introduction, provided conditions of refunding CPF are met.
The court affirmed that an employee appointed before the New Pension Scheme is entitled to benefits under the Old Pension Scheme, regardless of any undertaking given under duress.
Pre-01.11.2005 appointees in non-grant divisions of 100% grant-in-aid schools entitled to old pension scheme, not DCPS/NPS unless opted; Court bound by precedent, mandates immediate benefits and refu....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
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