Absence of prior permanent status disqualifies entitlement to pension under the Assam Services (Pension) Rules, despite permanent absorption in a non-pensionable establishment.

JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Ms. R. Choudhury, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondent no.1; Mr. S. P. Choudhury, learned Standing Counsel, Assam Urban Water Supply and Sewerage Board, appearing for the respondent nos. 2 & 3 and Mr. D. Bhattacharjya, learned Standing Counsel, Office of the AG (A&E) Assam, appearing for the respondent no. 4.

2. The core question arising for decision of this Court in the present writ petition is as to whether, the writ petitioner would be entitled to the benefits of pension payable under Assam Services (Pension) Rules, 1969 despite his permanent absorption under section 22 (2)(ii) of the Assam Urban Water Supply and Sewerage Board Act, 1985 in the service of the Board with effect from 25/07/1996 ?

3. As per the projections made in the writ petition, it appears that pursuant to a selection process held by the Assam Public Service Commission (APSC) and the recommendation made thereto by the communication dated 07/07/1987, the petitioner was temporarily appointed as Assistant Engineer (Civil) under the Directorate of Municipal Administration, Assam, in the pay scale of Rs. 875- 40-1075-EB-40-1275-EB-45-1500-50-1850/- per month and other allowances as admissible under the Rules. The appointment so made by the order dated 05/07/1988 was to take effect from the date of joining in service. Accordingly, the petitioner had joined service as Assistant Engineer (Civil) in the Directorate of Municipal Administration, Assam. While he was serving as Assistant Engineer (Civil) under the Municipal Administration Department (MAD), by invoking the powers under section 8 of the Assam Urban Water Supply and Sewerage Act, 1985 (here in after referred to as the Act of 1985), the service of the petitioner, as Assistant Engineer (Civil), was also placed at the disposal of the Assam Urban Water Supply and Sewerage Board (herein after referred to as the ‘Board’), Guwahati, on part time basis, by issuing the notification dated 10/07/1989. In the said notification, it was, clearly mentioned that the part time assignment of duties of the petitioner at the disposal of the Board would be in addition to his own duties as Assistant Engineer (Civil) of MAD.

4. In terms of the notification dated 10/07/1989, the petitioner went on to discharge his duties as Assistant Engineer under the Board on part time basis with effect from 03/07/1989 till 09/04/1990. However, during this period, he continued to draw his salary from the Directorate of Municipal Administration. On 10/04/1990, the petitioner was sent on deputation to serve under the Board and he remained on deputation till 14/12/1995. As such, with effect from 10/04/1990, the petitioner was allowed to draw deputation allowance up to 14/12/1995. While the writ petitioner was on deputation, a decision was taken in the 18^th meeting of the Board of Directors of the Board, held on 17/11/1995, to permanently absorb the petitioner in the services of the Board. Accordingly, by the communication dated 12/07/1996 issued by the Mana