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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY
Pranab Kumar Baruah S/o Late Ranjit Kumar Baruah – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. details of petitioner's service and retirement. (Para 2 , 3) |
| 2. challenge to exclusion of muster roll service in pension calculation. (Para 4 , 5) |
| 3. judicial determination of service period for pensions. (Para 6 , 7 , 8) |
| 4. retrospective effect of court orders on pension claims. (Para 9) |
| 5. directions for recalculating pension for petitioner. (Para 10 , 11) |
| 6. conclusion and disposal of writ petition. (Para 12) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. B.J. Mukherjee, learned counsel for the petitioner; Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent no. 1; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent no. 2; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent no. 3 and Mr. B. Sharma, learned Standing Counsel, Accountant General [A&E], Assam for the respondent no.4.
2. The case of the petitioner, in brief, is that that petitioner was engaged initially as a Muster Roll Helper in the Dhubri Division of the Irrigation Department in 1989 w.e.f. 01.12.1989. Pursuant to a Government Letter no. IGN[E]/104/2003/198 dated 03.10.2005 and the Finance Department’s Lette
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