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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Partha Sarathi Paul, S/o - Late Chittaranjan Paul – Appellant
Versus
State Of Assam Rep. By The Principal Secretary To The Govt Of Assam, Health And Family Welfare Deptt. – Respondent
| Table of Content |
|---|
| 1. factual overview of transfer disputes and resulting service gaps. (Para 1 , 2 , 3 , 4) |
| 2. prior litigation history and administrative processing of pension files. (Para 5 , 6 , 7 , 9) |
| 3. absence of petitioner's default in service gaps and duties. (Para 8 , 10 , 11 , 12 , 13) |
| 4. application of pension rules and office memorandums for timely settlement. (Para 14 , 15 , 16 , 17 , 18) |
| 5. mandatory directive for administrative resolution of pension entitlements. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Md. M. U. Ahmed, learned counsel for the petitioner; also heard Mr. C. Boruah, learned Standing Counsel, AG, Mr. D. Upamanyu, learned Standing Counsel, Health Department.
2. The petitioner before this court is praying for a writ of mandamus, directing the respondents to regularize the service period of the petitioner, for a period from 07.03.2002 to 26.11.2007, and as to whether the consequential orders or directions should not be issued to the respondents. The release of the final pension of the petitioner as well as other terminal benefits including GPF, GIS, leave encashment certificate in view of unutilized earned leave, along with any unpaid pay or all
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 entitlement to pension and retirement benefits is a rightful due upon rendering the required length of service, and the authorities' inaction in regularizing a break in service cannot justify den....
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
Recovery of overpaid pension is permissible despite challenges if prior adjustments remain unaddressed and entitlement errors confirmed.
The responsibility of maintaining and updating service book entries lies with the employer, and pension disbursement is a right governed by rules and regulations.
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