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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY
Mohimuddin Sk. S/o Late Jinaruddin Sk. – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. summary dismissal of writ petition with directions. (Para 1 , 16) |
| 2. eligibility for pension based on service period. (Para 2 , 3 , 4 , 5) |
| 3. challenge to exclusion of initial muster roll service. (Para 6 , 7) |
| 4. retrospective application of judgment to similar cases. (Para 8 , 11) |
| 5. confirmation of retrospective benefit in overlap cases. (Para 9 , 10) |
| 6. directive for recalculation of pension benefits. (Para 12 , 13 , 15) |
| 7. clarification on qualifying service and pension entitlement. (Para 14) |
ORDER :
1. Heard Mr. C. Bhattachayya, learned counsel for the petitioners; Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 1, 4 & 5; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent nos. 2; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent no. 3; and Mr. B. Chakraborty, learned Standing Counsel, Accountant General [A&E], Assam for the respondent no. 6.
2. The two petitioners have stated that they were initially engaged as a Casual Muster Roll Workers in the establishment of the erstwhile Executive Engineer, Dhubri [Irrigation], Gauripur and presently O/o – Executive
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