Page No.# 1/9 GAHC010166312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4211/2024 KUNJA HAZARIKA W/O- LATE BHOLA HAZARIKA @ BHULA HAZARIKA @ BHOLA NATH HAZARIKA, R/O- VILL- SARUCHARAI GHARPHALIA, P.S.- JORHAT, PO- DHEKORGORAH, DIST- JORHAT (ASSAM), PIN- 785015 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI-37 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-6 Page No.# 2/9 6:THE CHIEF EXECUTIVE OFFICER JORHAT ZILLA PARISHAD JORHAT DIST.- JORHAT (ASSAM) PIN- 785001 7:THE TREASURY OFFICER JORHAT TREASURY JORHAT DIST- JORHAT ASSAM PIN- 78500 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., SC, FINANCE DEPTT.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27-04-2026 Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. A.K. Ghosh, learned standing counsel, P&RD Department, Assam appearing for the respondent Nos. 1, 4 & 6, Mr. A. Chaliha, learned standing counsel, Finance Department, Assam appearing for the respondent Nos. 3 & 7 and Mr. A. Chakraborty, learned Govt. Advocate, Assam appearing for the respondent Nos. 5. 2. The petitioner by way of instituting the present writ petition has prayed for finalization of the lifetime pension arrears of her husband, viz. Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika and also authorizing to her due family pension and pensionary benefits on account of the services rendered by her husband. The husband of Page No.# 3/9 the petitioner was initially engaged as Office Assistant at Rajahowli Gaon Panchayat under Jorhat Zilla Parishad and he had joined his services on 01-02-1956. The services of the petitioner’s husband was subsequently regularized w.e.f. 01-01-1981. On the Assam Panchayat Employees (Provincialisation) Act, 1999 coming into force w.e.f. 01-10-1991, the services of the husband of the petitioner was provincialized. The husband of the petitioner had retired from his service on 30-04-1994. However, the pension and pensionary benefits of the husband of the petitioner was not sanctioned and he died on 31-01-2019 on account of old age ailments. It is projected in the writ petition that the petitioner had approached the respondent authorities for being authorized her pension and pensionary benefits, however, the same not being authorized to her, she has instituted the present writ petition praying for the reliefs noticed, hereinabove. 3. Mr. A.K. Ghosh, learned standing counsel, P&RD Department, Assam has submitted that a pension proposal in respect of the husband of the petitioner was so prepared by the Chief Executive Officer, Jorhat Zilla Parishad in the year 2017. However, the same was returned by the Director of Pension holding that the petitioner’s husband had not completed 20 years of regular service and was accordingly, not entitled for being authorized pension and other pensionary benefits. The name of the husband of the petitioner was also not found to be included in the list of 423 provincialised panchayat employees who had retired from their services on completion of more than 10 years of service but less than 20 years of service. Accordingly, the pension proposal in respect of the husband of the petitioner could not be further processed. It is projected that the petitioner’s husband not having completed 20 years of service, he does not have the Page No.# 4/9 requisite qualifying service for being authorized pension and pensionary benefits. 4. It was further projected by the respondents that late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika not being entitled to receive pension, his family would also not being entitled to receive family pension. 5. I have heard the learned counsels for the parties and have also perused the materials available on record. 6. The facts as noticed herein above are not disputed. It is to be noticed that late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika, had continued in his services w.e.f. 01-02-1956, till the date of his superannuation i.e. till 30-04-1994. The Assam Panchayat Employees Provincialisation Act, 1999, was so enacted by the State Govt. to provincialize the services of employees working in the Panchayat in all level under Assam Panchayat Act, 1994. The said Act of 1999 was brought into force with retrospective effect i.e. with effect from 01-10-1991. Accordingly, the husband of the petitioner having been in service as on 01.10.1991, his service would also be deemed to have been provincialsied under the Provision of the Act of 1994. The fact that the service the petitioner was provincialised in terms of the provisions of the said Act of 1999, is also not disputed by the respondent authorities. 7. The provisions of Section 2(a) of the said Act of 1994, defines the term “appointed day” to mean, the date on which the said Act of 1999 came into force. The provisions of 2(b) of the said Act of 1999, defines the term “date of appointment” to mean, in relation to an employee, the date on which, he joined the service of the Panchayat. The provisions Page No.# 5/9 of 2(d) of the said Act of 1999, defines the term “employees” to mean a person in the employment of Panchayat against a regularly sanctioned post. 8. The Panchayat employees not being granted, the pension and pensionary benefits upon provincialization of their service; proceedings came to be instituted before this Court which ultimately resulted in institution of a writ appeal being WA No. 145/2009 i.e. State of Assam & Anr. Vs. Syed Md. Fazlay Rabbi. The said writ appeal was given a final consideration by the Division Bench of this Court vide judgment & order, dated 24-03- 2010, along with other analogous matters. 9. The Division Bench of this Court, vide the judgment & order, dated 24-03-2010, examined the various provisions of the Assam Panchayat Employees (Provincialization) Act, 1999, and with regard to the term “date of appointment”; the Division Bench of this Court had concluded that the same indicates unerringly to be one vis-à-vis such employees, the date on which, he/she had joined the service of a Panchayat Raj Institution. It was further concluded by this Court that on a scrutiny of the provisions of the said Act of 1999, it was discernible that the term “appointed day” was provided to indicate a cut-off date for provincialization of the service of the existing employees, while the term “date of appointment” was comprehended for the purpose of continuity of service of such employees on and from the date of their initial appointment to determine their entitlements under the legislation including the pension and other pensionary benefits. 10. In view of the said conclusions; the Division Bench of this Court had vide the judgment & order, dated 24-03-2010, passed in WA No. 145/200, held, as follows: Page No.# 6/9 “…………………… We are, therefore, of the considered view that the benefit of the provisions of the Act including those for pension and other retirement dues would be available to the provincialized employees in service on and after 01.10.1991 on the basis of the length of their service reckoned from the date(s) of their initial appointments.” 11. The said decision of the Division Bench of this Court in the case of the Syed Md. Fazlay Rabbi (Supra), was carried upon appeal by the State Respondents before the Hon'ble Supreme Court, however, the same came to be dismissed. The decision of this Court in the case of Syed Md. Fazlay Rabbi (Supra) has settled the position with regard to the entitlement of the pension and other pensionary benefits to provincialized Panchayat employees and also the period reckonable as qualifying service for computation of such pension and pensionary benefits. 12. The Division Bench of this Court in the aforesaid case, having laid down that the pension and other retirement dues would be available to the provincialized Panchayat employees in service on or after 01-10-1991 on the basis of the length of their service reckoned from the entry of their initial appointments; such prescription would mean the date of first entry into service by such an employee in a Panchayati Raj Institution (PRI). The Division Bench of this Court in the above-noted case, had not restricted the term “date of appointment”, to mean, the date of such appointment of a provincialized Panchayat employee in a Panchayat against a regular sanctioned post and/or on being authorized a scale of pay with due increments. 13. The said position was accepted by the respondent authorities and the Pension and Public Grievance Department, vide Notification, dated 17-03-2011, had prescribed that Page No.# 7/9 the benefits of the Assam Panchayat Employees (Provincialization) Act, 1999, including those for pension and other retirement dues as applicable to the State Government employees, would be available to the provincialized Panchayat employees who were in service on or after 01-10-1991 on the basis of the length of their service reckoned from the date of their initial appointments in the service of the Panchayat. 14. 14. The term “initial appointment” as finding place in the said notification, dated 17- 03-2011, issued by the Pension and Public Grievance Department, Government of Assam, would mean the “date of appointment”, which is nothing but the date of first entry by the provincialized Panchayat employee in the service of a Panchayat. The Pension and Public Grievance Department, Government of Assam, had, thereafter, vide notification, dated 22- 12-2014, reiterated the said position. 15. As noticed hereinabove, late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika had initially joined in the services of the Panchayati Raj Institution as an Office Assistant with effect from 01-02-1956 and accordingly applying the decision of the Division Bench of this Court in the case of Syed Md. Fazlay Rabbi (Supra) as well as the notification dated 17-03-2011 to the facts involved in the proceeding, the qualifying service of late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika has to be so reckoned with effect from 01-02-1956 and not from any date pursuant to that. It is reiterated that the date of joining of late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika as an Office Assistant of Rajahowli Gaon Panchayat under Jorhat Zilla Prishad is not disputed by the respondent authorities in the present proceeding. 16. In view of the conclusions drawn above, and it also having been concluded that the Page No.# 8/9 qualifying service for computing of pensionary benefits in respect of said Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika i.e. husband of the petitioner is required to be reckoned with effect from 01-02-1956 and not from the date pursuant thereto, late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika, having retired on 30-04-1994, he is found to have the requisite qualifying service for being authorized pension and pensionary benefits. 17. In view of the above position, the respondent authorities are directed to process the pension proposal in respect of late Bhola Hazarika @ Bhula Hazarika @ Bhola Nath Hazarika by computing his qualifying service by reckoning his service from the date of his initial joining as an Office Assistant of Rajahowli Gaon Panchayat under Jorhat Zilla Prishad w.e.f. 01-02-1956 till 30-04-1994. On such proposal being so prepared, the same be forwarded to the Director of Pension, Assam for disbursement of the pension. The pension proposal now directed to be so prepared would also be in respect of the life time arrears of pension receivable by the husband of the petitioner and the same would now be released to the petitioner herein. 18. The respondents No. 1 and 4 shall process the pension proposal in terms of the directions passed hereinabove, and submit the same to the Director of Pension, Assam, within a period of 2 (two) months from the date of receipt of the certified copy of this order. 19. The Director of Pension, Assam on receipt of the pension proposal from the respondents No. 1 and 4, shall scrutinize the same and on finalization of the same, issue the orders authorising to the petitioner to receive the same within a period of 02 (two) Page No.# 9/9 months from the date of receipt of such proposal from the Panchayat and Rural Development Department. 20. It is further provided that, in the event the arrears as receivable by the petitioner is not released to her, within the outer limit of 05 (five) months as prescribed, hereinabove, the amount, would carry an interest @ 6% per annum with effect from the date of completion the 05 (five) months period granted for authorisation of the same to the petitioner, herein. With the above observations and directions, the present writ petition stands allowed. JUDGE Comparing Assistant