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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. Unni Krishnan Nair
M.N Sharma S/o Late Sita Ram – Appellant
Versus
State of AP – Respondent
JUDGMENT & ORDER :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. Sanjay Kr. Chetrii, learned counsel, and Mr. Uttam Deka, learned counsel, appearing on behalf of the petitioner. Also heard Ms. T. Wangmo, learned Government Advocate, appearing on behalf of respondents No. 1 & 4; and Mr. Ajin Apang, learned senior counsel, assisted by Ms. K.Loya, learned counsel, appearing on behalf of respondents No. 2 & 3.
2. By way of instituting the present proceeding, the petitioner has prayed for a direction upon the respondent authorities to allow him to proceed on voluntary retirement from service along with pension and pensionary benefits.
3. As projected in the writ petition, the petitioner, herein, was initially engaged as a Driver in the Office of the Chief Electoral Officer, Itanagar, vide order, dated 04.05.2001, in the scale of pay of Rs. 3050-4590/- p.m. plus other allowances as admissible from time to time. The petitioner was directed to draw his pay and allowances against a vacant post of Lower Division Clerk available in the Department. Thereafter, the petitioner was vide order, dated 10.04.2008, transferred against a vacant post of Driver w.e.f. 01.01.2008, with all consequential benefits. In t
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....
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
The entitlement to pension and retirement benefits is a rightful due upon rendering the required length of service, and the authorities' inaction in regularizing a break in service cannot justify den....
When the petitioner was not eligible to submit a notice to retire under Rule 48-A, rejection was beyond the period of three months and the petitioner is deemed to have retired is unsustainable.
The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
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