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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Juri Baruah W/o Kabin Choudhury – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. regularization process and petitioner’s appointment history. (Para 2 , 3) |
| 2. respondents' opposition to petitioner's claims. (Para 4 , 5) |
| 3. petitioner's arguments for regularization. (Para 6 , 7) |
| 4. court's reasoning on res judicata and service statutes. (Para 8 , 12) |
| 5. arguments regarding claims for service regularization. (Para 10 , 13) |
| 6. res judicata enforcing finality of previous decisions. (Para 18 , 19) |
| 7. eligibility for pension and voluntary retirement. (Para 20 , 21 , 22) |
| 8. court's directive on seeking governor's consideration. (Para 25 , 26) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department, appearing for respondent Nos. 1-3, Ms. M. Barman, learned counsel appearing on behalf of Mr. S.K. Medhi, learned standing counsel, Accountant General (AG) Assam, respondent No.5 and Ms. D.D. Barman, learned Additional Senior Govt. Advocate, Assam, appearing for respondent No.6.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, Smt. Juri Baruah, has prayed for issuing direction to the respondent authorities for
Irregular appointments do not confer rights to service regularization or pension benefits; res judicata bars relitigation of previously adjudicated claims.
The court affirmed that an employee appointed before the New Pension Scheme is entitled to benefits under the Old Pension Scheme, regardless of any undertaking given under duress.
The actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
Over 20 years continuous temporary service as qualified teacher entitles regularization and full retirement benefits despite no vacancies, as authorities must absorb or create posts per policy; denia....
The right to receive pensionary benefits is constitutional and cannot be denied based on non-regularization of service, particularly after long continuous service, as it violates principles of fairne....
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