Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR
Satish Das S/o Late Rohini Kumar Das – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. pension entitlement post-retirement (Para 2 , 3 , 4) |
| 2. discussion on service duration and pension denial (Para 5 , 10) |
| 3. claim for pension benefits post-death of employee. (Para 6) |
| 4. interpretation of provincialization laws (Para 8 , 11 , 12 , 13 , 18) |
| 5. appointing date and qualifying service definitions examined. (Para 9) |
| 6. precedent established for pension eligibility (Para 14 , 15 , 16) |
| 7. directive to process pension compensation (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. K.R. Patgiri, learned counsel, appearing for the petitioner and also heard Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department, Assam, appearing for the respondents. Also A. Chaliha, learned Standing Counsel, Finance Department, Assam, appearing for the respondent No. 3, 7 and 8.
2. As projected in the writ petition, Rohini Kumar Das (father of the petitioner) was appointed as Road Moharar of 45 No. Pulsliguri Gaon Panchayat under the erstwhile Barpeta Mahakuma Parishad with effect from 01.08.1960. The services of the petitioner was regularized vide an order dated 09.04.1983 with effect from 01.07.1981. Said Rohini Kumar Das on reachi
Employees are entitled to pension based on the total length of their service from the initial date of appointment, despite administrative restrictions on pension eligibility calculations.
Provincialized Panchayat employees are entitled to pension based on their entire service duration, not limited to sanctioned posts.
The entire service period of a Panchayat employee must be considered for pension computation, not just the provincialized period.
Provincialized Panchayat employees are entitled to pension based on their entire service period, not limited to sanctioned posts.
The entire service period of provincialised Panchayat employees must be counted for pension calculation, rejecting any arbitrary exclusions.
The entire service period of a Panchayat employee must be considered for pension computation, not just the provincialized period.
Provincialized employees are entitled to pension benefits based on their entire length of service, not just the period post-provincialization.
The computation of pension must consider the entire length of service from the initial appointment date, not just the provincialization date.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
