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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR
Baharul Islam Ahmed S/o. Lt. Riaz Uddin Ahmed, Vill. Bidruhipar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. F. U. Barbhuiya, learned Counsel for the petitioner and Mr. S. K. Medhi, learned CGC appearing for the respondents.
2. The petitioner by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to compute his pension and pensionary benefits by reckoning the entire period of service rendered by him as qualifying service.
3. The petitioner in the present proceedings while working as a Rifleman/General Duty with the Assam Rifles was detained on 30.11.1990 vide travelling from Silchar to Ajmeer at Guwahati Railway Station. In connection with the said detention of the petitioner, the petitioner was prosecuted under Section 69 of the Army Act , 1950 for committing a civil offence punishable under Section 20(b) of the Narcotics, Drugs and Psychotropic Substances Act , 1985. The charge against the petitioner was that he was found in possession of 36 Kgs of Ganja on 30.11.1999 at Guwahati Railway Station and he was arrested and handed over to his employer. Accordingly a Summary Court Martial proceeding was drawn up against
Dismissal after imprisonment for the same offense constitutes double punishment; the period of dismissal must be treated as qualifying service for pension computation.
The decision of compulsory retirement should be based on material and the subjective satisfaction of the government, and adverse remarks in the service record, including uncommunicated entries in the....
The main legal point established is that an employee is entitled to pension and post-retiral benefits as per the initial order of compulsory retirement, and subsequent amendments denying such benefit....
Service rendered prior to regularization must be considered for pension eligibility, ensuring fairness in administrative decisions.
Entitlement of retiral benefits - Counting of the periods of work-charged service and suspension, as qualifying service, shall make the total service of the petitioner as 20 years, which shall entitl....
The court established that work-charged and unjustified suspension periods count towards qualifying service for pension eligibility, even post voluntary retirement, with limits on retrospective claim....
Termination of service must be communicated effectively; otherwise, it lacks legal force, especially for regular employees protected under specific service rules.
The court ruled that a discharge application must be voluntary and properly examined; failure to do so invalidates subsequent actions.
Pension entitlement is protected under law for personnel with over ten years of service, regardless of subsequent resignations, provided statutory rules for retirement were adhered to.
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