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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Riva Borkataky, W/o. Dibyajyoti Baruah – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
1. Mr. A.C. Borbora, learned Senior Counsel with the assistance of Ms. N. Dey, learned counsel has appeared for the petitioner. Also heard Mr. P.K. Bora, learned Standing counsel for the respondent Elementary Education Department.
2. This writ petition had been instituted by the petitioner claiming salaries from 28.12.1999 till 12.08.2010 and also for direction to the respondent authorities to consider the service rendered by the petitioner to the Department to be eligible for the benefits of the Old Pension Scheme under the Assam Services Pension Rules, 1969. Although an alternate prayer had been made in the writ petition to direct the respondent authorities to release the pensionary benefits to the petitioner under the New Pension Scheme, since the petitioner had already retired, such alternate prayer was not pressed during the final arguments.
3. As reflected in the writ petition the petitioner was offered appointment by an order dated 26.11.1999 and she was allowed to join her duties on 28.12.1999 i.e. after a month of issue of the appointment letter, even though she had been given her a time frame of fifteen (15) days to join her service. Having thu
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
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.
Petition dismissed due to suppression of material facts and lack of supporting documentation for the claimed service benefits, affirming the need for 'clean hands' in legal claims.
A teacher's claim for salary during unauthorized absence must consider prior court rulings confirming her appointment rights.
The main legal point established in the judgment is the entitlement of the petitioner to timely release of post-retiral benefits, including pension, gratuity, and provident fund, and the right to be ....
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
The main legal point established in the judgment is that a retrospective promotion without financial benefit does not necessarily violate the General Financial Rule, 1963, and Rule 9(1)(a) of the Rul....
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