Pension eligibility is contingent upon completing 5 years of continuous service before a specified date, as per relevant government circulars.

JUDGMENT :

(KARDAK ETE, J.)

Heard Mr. P.K. Kalita, learned Senior Counsel assisted by Mr. K. Talukdar, learned counsel for the petitioner in WP(C) No.1183/2023 and Mr. K.R. Patgiri, learned counsel for the petitioner in WP(C) No.594/2023. Also heard Ms. M.D. Borah, learned standing counsel for the Transport Department, Ms. R. Deka, standing counsel for the ASTC, Mr. D. Bhattacharyya, learned standing counsel for the Accountant General, Assam and Mr. R. Borpujari, learned Standing Counsel for the Finance Department.

2. The challenge made in these writ petitions is to the letter dated 30.07.2022 issued by the Deputy Secretary to the Govt. of Assam, Transport Department, whereby, the claim of the petitioners for pension have been rejected, as the petitioners are found not completed 5 (five) years of continuous service in the State Transport Department on or before 30.03.1970 as per Circular No. TMV 138/70/5 dated 31.03.1970.

3. As the issue involved in these writ petitions is similar on fact and law, same were heard analogously and disposed of by this common judgment and order.

4. The case, in brief, in WP(C) 1183/2023, is that the petitioner has joined the service in the Transport Department, Govt. of Assam on 28.06.1969 as Assistant Station Superintendent. The petitioner was deputed to the service of Assam State Road Transport Corporation (herein referred to as Corporation in short) in the year 1971 and he was serving in the said corporation on deputation till 1976. It is contended that although, the petitioner was under deputation in the Corporation, he has rendered the State for 7 years 6 months and 3 days till 01.01.1977. After 01.01.1977, the petitioner was permanently absorbed in the Corporation. The petitioner has retired from service on 20.09.2000 as Divisional Superintendent, in the Corporation.

5. The petitioner after retirement has submitted an application for release of pensionary benefits. However, the respondent authorities vide impugned letter dated 30.07.2022 has rejected the case of the petitioner by informing that the petitioner is not eligible for pension, as he has not completed 5 years of continuous service in the State Transport Department on or before 30.3.1970. Therefore, he is found to be not eligible for claiming pension.

6. In WP(C) No. 594/2023, the petitioner was serving as a Grade-IV employee in the State Transport Department, w.e.f 31.03.1967 to 31.12.1976. Thereafter, he was permanently absorbed in the Assam State Transport Corporation and promoted to the post of Mech. Grade-III and served till his retirement on 31.07.2002 on attaining the age of superannuation. After his retirement, the petitioner approached the respondent authorities and however, the petitioner was not granted with the pension. On several approaches, the respondent authorities vide impugned letter dated 30.07.2002 has rejected the claim of the petitioner by informing that the petitioner is not eligible for pension, as he has not completed 5 years of continuous service in the State Transport Department on or before 30.3.1970. Therefore, he is found to be not eligible for claiming pension.

7. Mr. P.K. Kalita, learned Senior Counsel for the petitioner in WP(C) No.1183/2023 submits that the petitioner was released on 31.12.1976 by the State Transport Department who was deputed to the Corporation vide Notification No. TMV/138/70/5 dated 31.3.1970. In view of such a position the petitioner was an employee under the State Government for 7 years 6 months 3 days and he became a full fledged employee of the Corporation with effect from 01.01.1977. As such, the refusal to grant pension to the petitioner is not tenable. He submits that the petitioner was a full fledged employee of the Corporation (ASRTC) till his retirement from service on 20.09.2000 and as such the petitioner is eligible for pension under the Corporation if not eligible under the State Transport Department.

8. Mr. P.K. Kalita, learned Senior Counsel, submits that in the year 2005,