Temporary employment status at the time of absorption into a non-pensionable establishment does not qualify for pension benefits under the Assam Services (Pension) Rules, 1969.

JUDGMENT :

M. Zothankhuma, J

1. Heard Mr. K.N. Choudhury, learned Sr. Counsel for the appellant assisted by Ms. R. Choudhury. Also heard Mr. S.P. Choudhury, learned counsel for the respondent Nos.2 & 3 and Mr. D.K. Sarmah, learned counsel for the respondent No.1. Mr. B. Sarma, learned counsel appears for the respondent No.4.

2. The appellant/writ petitioner has prayed for setting aside the impugned judgment and order dated 23.06.2025, passed by the learned Single Judge in WP(C) No.4821/2023, by which his prayer to grant him pension under the Assam Services (Pension) Rules, 1969 has been dismissed.

3. The appellant’s case is that consequent upon the withdrawal of the appointment of one Majibur Rahman Pradhani and on the recommendation of the Assam Public Service Commission, vide letter dated 07.07.1987, the Governor of Assam was pleased to appoint the appellant temporarily to officiate as Assistant Engineer (Civil) under the Directorate of Municipal Corporation, Assam, vide Notification dated 05.07.1988. The Notification dated 05.07.1988 also stated that the appointment of the appellant was purely temporary and might be terminated at any time, on 1(one) month’s notice on either side. It further stated that his services was liable to be transferred anywhere in the State of Assam including the hill areas. It may be stated here that the Municipal Administration Department (‘MAD’ in short) has now been renamed as the Department of Housing and Urban Affairs.

4. The appointment letter dated 05/07/1988, appointing the petitioner to temporarily officiate as A.E.(Civil) states as follows :-

“GOVERNMENT JE AGSAN

MUNICIPAL ADMINISTRATION DEPACINGNT

ORDERS BY THE GOVERNMENT OF ASSAM

NOTIFICATION

Dt. Dispur, the 5ht July' 88.

No.MA 32/84/312 : The offer of appointment of Shri Majibur Rahman Pradhani as Assistant Engineer under the Directorate of Municipal Administration, Assam, vide notification No. MA 32/84/300 dt. 31.5.88 in hereby withdrawal as he has failed to join to the post within due time.

No 32/84/312 : Consequent upon the withdrawal of the appointment of Shri Majibur Rahman Pradhani and on recommendation of the Assam Public Service Commission vide their letter No. 42/P30/A-45/1/84-85 dtd.7.7.87, the Governor of Assam is pleased to appoint the following person temporarily to officiate as Asstt. Engineer (Civil) under the Directorate of Municipal Adan. Assam, Hengrabari Road, Guwahati-6 in the scale of pay of 875-50-1075-EB-40-1275-EB-45-1500-50-1850/-p.m. plus other allowances as admissible under the Rules with effect from the date of joining. The appointee is to report for duties to the Director of Municipal, Administration, Assam, Dispur, Guwahati-6 immediately before proceeding to his place of posting.

The, appointment is purely temporary and my be terminated at any time on one month's notice on oither side. Their services are liable to co transferred anywhere in the State of Assam including Hill Areas..

No TA. & DA inadmissible to (…sic…) on joining the post or on terminated of appointment.

He is liable to serve in any Defence Service or posts connected with the Defence of India for a period of not less than 4(four) years including the period spent on training, if any.

His inter se seniority will be fixed later on.

Hame and Address of the candidate Place of posting

1. Md. Azizur Rahman, Karimganj, Municipal

Vill. Jogir Mahal,