GAHC010212072024 2026:GAU-AS:1836 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5439/2024 NURUL ISLAM AHMED S/O- LATE MAHAMMAD ALI, R/O- VILLAGE- DHANBANDHA, P.O- SONKUCHI, P.S- BARPETA, DIST- BARPETA, ASSAM, PIN-781314 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006.

2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT ASSAM DISPUR GUWAHATI- 781006.

3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI- 781006.

4:THE COMMISSIONER TO THE GOVT. OF ASSAM COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 781037

5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-06

6:THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD BARPETA ASSAM PIN- 781301

7:THE TREASURY OFFICER BARPETA TREASURY DIST-BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR. K R PATGIRI, MS. D. DEVI,MS K BARMAN,MS CHITRALEKHA DAS Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 09.02.2026 Heard Mr. K. P. Patgiri, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, P&RD, appearing for the respondent nos.1, 4 and 6 as well as Ms. U. Sarma, learned Government Advocate, appearing for the State Respondents.

2. The petitioner, by way of instituting the present proceeding, has prayed for a direction upon the respondent authorities to authorize to him his pension and pensionary benefits in terms of the provisions of the Assam Services (Pension) Rules, 1969.

3. The petitioner, herein, was initially engaged on Muster Roll basis as a Gaon Panchayat Secretary and was placed under the control of the Barpeta Mahkuma Parishad vide an order dated 15-10-1993. The services of the petitioner was, thereafter, regularized vide an order dated 30-05- 2003. The order of regularization of the services was to be effective w.e.f. the date of issuance of consequential orders by the jurisdictional Chief Executive Officer, Zilla Parishad. The petitioner on regularization of the services was to be treated as an employee of a Panchayati Raj Institution and was to receive his salaries from the Panchayati Raj Institution to which he was attached and the Government of Assam would subsequently reimburse the entire expenditure involved. The said regularization of the petitioner was also noticed by the Finance Commission in its report published in the month of August, 2003.

Thereafter, vide a communication dated 04-02-2006, the services of the petitioner was again regularized, however, with prospective effect. Accordingly, the services of the petitioner now being regularized w.e.f. 04- 02-2006, the petitioner was deemed to be covered by the provisions of the new defined Contributory Pension Scheme, 2005, and not under the provisions of the Assam Services (Pension) Rules, 1969. Thereafter, vide a communication dated 28-03-2018, ex-post-facto approval was granted by the competent authority for creation of 1272 nos. of posts of Gaon Panchayat Secretary under the Panchayat & Rural Development Department w.e.f. 30-05-2003 to 03-02-2006. It was stipulated in the said communication dated 28-03-2018 that the ex-post-facto sanction for creation of posts is accorded in order to treat the services of the 1272 nos. of Gaon Panchayat Secretaries as regular service against sanctioned posts for the period w.e.f. 30-05-2003 to 03-02-2006, however, the creation of the said posts would not be treated to have the effect of enabling the person concerned to receive pension and pensionary benefits. The stipulation as made in the communication dated 28-03-2018 to the effect denying the Gaon Panchayat Secretaries Pension and Pensionary Benefits, was assailed by similarly situated Gaon Panchayat Secretaries before this Court by way of instit