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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
State of Assam – Appellant
Versus
Amrit Prova Dutta W/o Late Pradip Dutta – Respondent
| Table of Content |
|---|
| 1. factual background of writ petition challenging unpaid salary and pension benefits. (Para 1 , 2 , 3) |
| 2. petitioners argue services were terminated in 1992, rendering subsequent payments erroneous. (Para 4 , 5 , 6) |
| 3. respondents argue termination orders were never served, invoking precedent (dulu devi) for continuity of service. (Para 7 , 8 , 9 , 10) |
| 4. court observes that lack of proof regarding service of termination order invalidates termination claim. (Para 11 , 12 , 13 , 14) |
| 5. review petition dismissed as it offers no new evidence or error apparent on the record. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. N.J. Khataniar, learned counsel for the review petitioners. Also heard Mr. S. Borthakur, learned counsel for the opposite party No. 1.
2. The review petitioners by way of instituting the present review petition have prayed for a review of the order dated 06.02.2024, passed by this Court in WP(C).No.3635/2017.
3. The facts leading to the institution of the present Review Petition being relevant is noticed, as hereunder.
The petitioners in WP(C).No.3635/2017, had instituted the said writ petition raising a grievance with regard to
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
The main legal point established in the judgment is that the denial of payment for ad-hoc service without proper verification and in contravention of previous court orders is arbitrary and unsustaina....
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.
A review of a judgment can only be granted on the basis of new and important evidence or an error apparent on the face of the record; findings that arise after the judgment do not constitute valid gr....
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 allowed recovery of salary arrears due to continuing wrong despite delays, emphasizing entitlement to pension benefits.
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....
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