Page No.# 1/7 GAHC010014312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/410/2025 SMTI JOYMOTI TALUKDAR W/O- LATE KAMALESWAR TALUKDAR, RESIDENT OF VILLAGE AND PO ANGARDHAWA, DIST BAKSA, BTAD, ASSAM, PIN-781344 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT ASSAM DISPUR GUWAHATI-06 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM JURIPAR SIXMILE GUWAHATI-37 5:THE DIRECTOR OF PENSION Page No.# 2/7 ASSAM HOUSEFED COMPLEX DISPUR-06 6:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD NALBARI ASSAM PIN-781335 7:THE TREASURY OFFICER NALBARI TREASURY NALBARI PIN-78133 Advocates for the Petitioners: Md. M. Islam, Advocate. Advocates for the respondents: Mr. K. Konwar, SC, PWD. Mr. R. Borpujari, SC, Finance Department. Mr. J. K. Goswami, Addl. Sr. Govt. Advocate. B E F O R E HON’BLE MR. JUSTICE KARDAK ETE Date of hearing: 26.03.2025 Date of Judgment: 26.03.2025 JUDGMENT & ORDER (Oral) Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Standing Counsel for the PWD, Mr. R. Borpujari, learned Standing Counsel for the Finance Department and Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate for the respondents. 2. By filing this writ petition, the petitioner challenges the deduction of 14 Page No.# 3/7 years and 3 days of service out of the gross service of 39 years and 10 months rendered by the deceased husband of the petitioner and for a direction to the respondent authorities to issue pension payment order by considering the total length of service of the deceased husband of the petitioner’s husband w.e.f. 01.03.1962 to 31.12.2001 for payment of pension and pay full pension and other retiral benefits including arrear pension instead of proportionate pension. 3. The husband of the petitioner, Late Kamaleswar Talukdar had rendered continuous service of 39 years and 10 months as a Grade-III employee in the Gaon Panchayats under the Department of Panchayat and Rural Development, Govt. of Assam. The late husband of the petitioner was appointed on 01.03.1962 under the Zila Parishad, Nalbari district and subsequently, provincialised his service vide Notification dated 16.11.1991 with effect from 01.10.1991 and retired from service on attaining the age of superannuation on 31.12.2001 as Secretary of 19 No. Chatabari Gaon Panchayat under the Zilla Parishad, Nalbari, and had expired on 11.05.2003 before payment of his pension. 4. It is the contention of the petitioner that the employees of the different panchayats including the petitioner's deceased husband, did not get their pension and other retirement benefits immediately after their retirement till 2011. Due to non-payment of pension and other retirement dues to the panchayat employees including the petitioner's husband, a writ petition, being WP(C) No.4597/2002 (Syed Md. Fazlay Rabbi vs. The State of Assam and ors.) filed before the Hon'ble Court inter alia claiming pension and other retirement benefits. The said writ petition was disposed of by the Hon'ble Court vide Judgment and Order dated 13.05.2004 wherein the claim for pension and other retirement benefits of the petitioner therein were allowed. Page No.# 4/7 5. A writ appeal being WA No.145/2009 was preferred by the State authorities against the said judgment and order dated 13.05.2004 of the Hon'ble Single Judge. Thereafter, another writ petition, being WP(C) No. 4239/2009 was filed before the Hon'ble Court by some other similarly situated persons to that of the petitioner's husband. In the meantime, a series of some other writ petitions were also preferred on similar ground by some other similarly situated gaon panchayat employees (retired) or legal heirs of the expired employees. 6. The above writ appeal as well as other connected writ petitions including WP(C) No.4239/2009 were disposed of by a common judgment and order dated 24.03.2010, which in the meanwhile, attained finality on the Special Leave Petition, being SLP No. 19351-19360/2010 filed by the State respondents against the same being dismissed by the Apex Court by the order dated 02.08.2010. 7. In the above judgment and order dated 24.03.2010, the Hon'ble Court was pleased to hold that the benefits of the provisions of 'The Assam Panchayat Employees (Provincialization) Act, 1999' (in short Act, 1999) including those for pension and other Retirement dues would be available to the provincialised panchayat 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. 8. It is submitted that after dismissal of the aforesaid SLP by the Hon'ble Supreme Court, the direction of the Hon'ble High Court to provide for pension to the retired panchayat employees on the basis of the length of their service reckoned from the dates of their initial appointments has attained finality. As a result, pursuant to the judgment and order dated 24.03.2010, a Notification vide PPG(P) 116/2010/28 dated 17.03.2011 was issued by the Commissioner Page No.# 5/7 and Secretary, Pension and Public Grievances Department, Government of Assam inter alia ordering that the benefits of the provisions of the Act, 1999 including those for pension and other retirement dues applicable to the State Government employees would be applicable to the Provincialised 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(s) of their initial appointment(s) in the service of Panchayats. 9. Consequently, the respondent authorities started to release the pension/family pension and other retiral benefits to the provincialised Panchayat employees. 10. The petitioner was also granted family pension vide Pension Payment Order in the year 2012 with effect from 01.01.2002. It is contented that the pension payment order of the petitioner shows that the petitioner has been paid proportionate (lower) pension only instead of (higher pension). 11. Md. M. Islam, learned counsel for the petitioner submits that while computing the pension of the petitioner’s husband, the gross service i.e. 39 years and 10 months has not been taken into account rather the authority had considered only 25 years 9 months and 27 days of his service as qualifying service for the purpose of pension and other retiral benefits, which has deprived the petitioner from full pension. He submits that the non-payment of higher pension to the petitioner is contrary to the judgment and order dated 24.03.2010 of the Division Bench of this Hon’ble Court as well as the Notification dated 17.03.2011. 12. Md. M. Islam, learned counsel for the petitioner while relying on the judgment of the Division Bench as well as the order of this Court in the various Page No.# 6/7 writ petitions submits that the above judgment and orders squarely covers the case of the petitioner. Therefore, similar relief may be granted and the respondent authorities may be directed to provide the same relief by paying the full pension by taking into account the total length of service from 01.03.1962 till 31.12.2001 for payment of pension and pay full pension and other retiral benefits. 13. Mr. K. Konwar, learned Addl. Senior Advocate General, Mr. R. Borpujari, learned Standing Counsel for the Finance Department and Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate, have fairly submitted that the above judgment and orders indeed covers the case of the petitioner. 14. I have considered the submissions of the learned counsel for the parties and also perused the judgment and order passed by the Division Bench in the case of (Syed Md. Fazlay Rabbi –Vs- The State of Assam and Ors.) in Writ Appeal No. 145/2009, whereby, the writ appeal and connected writ petitions were disposed of vide judgment and order dated 24.03.2010 by upholding the case of the petitioner in the writ petition regarding pension and other retiral benefits. 15. Admittedly, the husband of the petitioner was appointed on 01.03.1962 as Grade-III employee in the Gaon Panchayats under the Department of Panchayat and Rural Development, Govt. of Assam and he had retired on 31.12.2001 on attaining the age of superannuation from the Zila Parishad, Nalbari district, after service of the petitioner was provincialised with effect from 01.10.1991. The petitioner’s husband has rendered services for about 39 years, 9 months, 30 days in the Zila Parishad, Nalbari district. 16. This Court in the case of Bhogi Ram Bharali Vs. The State of Assam and 6 Ors. in WP(C) 7263/2023 vide order dated 23.10.2024, by relying on the above Page No.# 7/7 judgment and order of the Syed Md. Fazlay Rabbi (supra) and having found that the case covers the case of the petitioner, disposed of the matter by providing the similar relief to the petitioner. 17. Having considered the submissions of the learned counsel for the parties and on perusal of the judgment and order dated 24.03.2010, passed in Writ Appeal No. 145/2009 and the other connected writ petitions in the case of Sayed Md. Fazlay Rabbi (supra), being in respectful agreement and as a judicial discipline, this Court finds the above judgment and orders squarely covers the case of the petitioner. Thus, the entire length of service of the petitioner with effect from 01.03.1962 till 31.12.2001 is entitled to be counted for the purpose of granting pension and other retiral benefits. 18. Accordingly, the respondent authorities are directed to issue a fresh pension order in supersession of the earlier pension payment order within a period of 8(eight) weeks from the date of receipt of the certified copy of this order. 19. The writ petition accordingly stands disposed of. No order as to costs. JUDGE Comparing Assistant