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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Rashmi Rekha Saikia, W/o Late Pradip Kumar Baruah – Appellant
Versus
State of Assam – Respondent
JUDGMENT AND ORDER (CAV)
ROBIN PHUKAN, J.
Heard Mr. D Borah, learned counsel for the petitioner. Also heard Mr. P.N. Sharma, learned standing counsel, Elementary Education Department, appearing for the respondent Nos.1, 3, 4 and 5, Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for the respondent Nos.2 and 6, Mr. C. Boruah, learned Standing Counsel, Accountant General, appearing for the respondent No.7 and Mr. A. Chaliha, learned Standing Counsel, Finance Department.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondents to release the following:-
(i) Arrear pension/family pension;
(ii) Provisional Gratuity, along with interest,
(iii) Leave Encashment Benefit, along with interest etc.,
(iv) arrear ACPS w.e.f. 01.01.2011, along with interest acquired there upon (as per revised ROP),
as entitled to by the deceased husband of the petitioner, who had retired from his service on 31.12.2017, as an Inspecting Auditor in the Office of the District Elementary Education Officer, Sivasagar, and died on 29.09.2019.
Background Facts:-
3. The background facts, leading to filing of this present petition, a
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....
The Court established that long service without regularization due to administrative error entitles the employee's family to pensionary benefits.
Posthumous regularization of deceased employees is permissible if confirmed under proper authority, whereas previous refusals lack legal sanction and are arbitrary.
The court ruled that pension eligibility must consider the entire service period from initial appointment, not just post-regularization.
The responsibility of maintaining and updating service book entries lies with the employer, and pension disbursement is a right governed by rules and regulations.
The denial of family pension based on unreasonable deductions of service years violates legal principles of fairness; unmarried dependent daughters are entitled to pension as per amended Rule 143.
Service Law – Pension - In the absence of any exercise being done to ascertain clear vacancies, the delay on the part of the authorities cannot put the petitioners therein to prejudice
Provincialized employees are entitled to pension benefits based on their entire length of service, not just the period post-provincialization.
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