Provincialized Panchayat employees are entitled to pensionary benefits calculated from their date of initial appointment, not just from the date of provincialization or confirmation, based on a continuous service definition under the Assam Panchayat Employees (Provincialization) Act, 1999.

Heard Mr. M Islam, learned counsel, appearing on behalf of the petitioner. Also heard Mr. K Konwar, learned Standing counsel, Panchayat & Rural Development Department appearing on behalf of respondents No. 1, 4 & 6; Mr. S S Roy, learned Government Advocate, Assam, appearing on behalf of respondents No. 2 & 5; and Mr. B. Sharma, learned standing counsel, Accountant General, Assam, appearing on behalf of respondent No. 3.

2. The petitioner by way of instituting this petition, has prayed for a direction upon the respondent authorities for authorizing to her family pension and other pensionary benefits, on account of the services rendered by her deceased husband as a provincialised Panchayat employee. The petitioner has also prayed for authorising to her the life time arrears of pension receivable by her deceased husband.

3. As projected in the writ petition, the petitioner’s husband was initially engaged as Secretary, Rauli Gaon Panchayat under Barpeta Zilla Parishad w.e.f. 14.11.1960. Thereafter, he was allowed to work in the same Gaon Panchayat as a Tax Collector/Road Mahurar on fixed pay basis. The services of the husband of the petitioner came to be provincialised w.e.f. 01.10.1991. The husband of the petitioner on reaching the age of superannuation, retired from his service w.e.f. 28.02.2001.

It is further projected that the husband of the petitioner pursued the matter of finalization of his pension and pensionary benefits, but before the matter could be taken to its logical conclusions, he passed away, on 02.10.2008.

After the death of her husband, the petitioner approached the authorities for releasing to her, family pension and other due pensionary benefits, she was entitled to on account of the services rendered by her husband. Accordingly, the authorities of the Panchayat and Rural Development Department vide order dated 25.04.2014 authorised a provisional pension to her husband for the period from 01.03.2001 to 28.02.2002.

A family pension proposal was also processed and submitted to the Director of Pension, Assam. The said proposal was, however, returned by the Director of Pensions, Assam, vide communication dated 29.08.2016, by observing that the husband of the petitioner did not complete 20 (twenty) years of qualifying service and his service was not confirmed. Accordingly, a fresh proposal was required to be submitted by the Administrative Department.

The petitioner, being aggrieved, has instituted the present proceeding.

4. Mr. Islam, learned counsel for the petitioner, by placing reliance on the provisions of the Assam Panchayat Employees(Provincialization) Act, 1999, has submitted that the term “date of appointment” has been defined in the said Act, to mean in relation to an employee the date on which, he/she had joined the service of the Panchayat. The learned counsel has further placed his reliance on the decision of a Division Bench of this Court rendered in the case of State of Assam & anr. v. Syed Md. Fazlay Rabbi and other analogous matters, vide judgment & order, dated 24.03.2010, in WA No. 145/2009, and has contended that this Court, in the said decision, had held that the benefits of the provisions of the Act including those for pension and other retirement dues, would be available to the provincialized employees in service on or after 01.10.1991, on the basis of the length of their service reckoned from the d