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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
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 reaching the age of superannuation proceeded on retirement with effect from 28.02.1998. Said Rohini Kumar Das passed away on 30.05.2006.
3. Upon the demise of said Rohini Kumar Das, his wife Saraswati Das (mother of the petitioner) approached the respondent authorities for processing the due retirement benefits receivable by her husband in connection with the services rendered by him. Although, the processing of the pension proposal was undertaken, the same could not be released during t
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.
The court established that pension eligibility is based on total service duration from initial appointment, not just provincialized service.
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