Page No.# 1/4 GAHC010062842024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1733/2024 SANDHYA SUKLABAIDHYA W/O- LATE JATINDRA MOHAN SUKLABAIDHYA, VILLAGE- MASKIPUR, PO- MALUA, DISTRICT- KARIMGANJ, ASSAM, PIN- 788806. 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 AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM JURIPAR SIX MILE GUWAHATI-37. 5:THE DIRECTOR OF PENSION ASSAM Page No.# 2/4 HOUSEFED COMPLEX GUWAHATI-6. 6:THE CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD P.O. AND DISTRICT- KARIMGANJ ASSAM. PIN- 788710. 7:THE TREASURY OFFICER KARIMGANJ TREASURY AT KARIMGANJ P.O. AND DISTRICT- KARIMGANJ ASSAM PIN- 788710 Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 12.03.2025 Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, P&RD Department and Mr. J.K. Goswami, learned Additional Senior Government Advocate for the respondents. 2. The petitioner’s husband was appointed as an Office Assistant on 15.07.1969 in the Office of the Northeast Badarpur Gaon Panchayat under the Karimganj Mahukma Parishad with a fixed pay per month. In the year 1975 the petitioner’s husband was paid the scale of pay with due increment. Subsequently, the scale of pay applicable to the petitioner was revised by the Government along with other Panchayat employees as per letter under Memo No.PDA.157/79/183-A dated 19.02.1985. The service of the petitioner’s Page No.# 3/4 husband was provincialized under the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 with effect from 01.10.1991 along with other similarly situated employees of the Panchayati Raj Institutions (PRIs). The petitioner’s husband was transferred to Hasanpur Gaon Panchayat and then he died in harness on 16.09.1996 while he was serving as Secretary of Hasanpur Gaon Panchayat under the Karimganj Zilla Parishad, Department of Panchayat and Rural and the Development, Government of Assam. In the aforesaid circumstance, the petitioner claims that petitioner’s husband is entitled to pensionery benefits on his harness. 3. The issue as to whether the Panchayat employees are entitled to a pension had been decided by the Division Bench of this Court by its Judgment and Order dated 24.03.2010 passed in WA No.145/2009. As per the said Judgment and Order of the Division Bench of this Court, the length of service of the Panchayat employees have to be reckoned from the date of their initial appointment for the purpose of calculating the qualifying period for being eligible for pension. 4. The said order of the Division Bench has also been confirmed by the Supreme Court in its Judgment and Order dated 02.08.2010 in SLP No.19351- 19360/2010 by dismissing the appeal filed by the State respondent authorities. 5. In the circumstance, the office of the Director of Pension, Assam had made a communication dated 18.05.2018 addressed to the Chief Executive Officer, Zila Parishad, Karimganj whereby certain deficiencies were pointed out, because of which the Directorate could not finalize the pensionery benefit of the petitioner. The deficiencies are as follows:- “1. The incumbent has rendered less than 20 years service and hence PPG department approval is necessary. HOO may obtain the same.” Page No.# 4/4 6. It has also been brought to the notice of the Court that by notification dated 22.12.2014 of the Commissioner and Secretary to the Government of Assam in the Pension and Public Grievance Department in respect of Panchayat employees, a relaxation of Rule-31 of the Assam Services (Pension) Rules, 1969 had been provided, enabling the Panchayat employees, who had rendered more than 10(ten) years but less than 20(twenty) years of Government employees for being entitled for pension. 7. In view of the said notification, the deficiencies pointed out by the communication dated 18.05.2018 of the office of the Director of Pension, Assam appears to be not sustainable inasmuch as, even otherwise it is an admitted position of the Directorate of Pension, Assam that the petitioner had rendered a service of 27 years 2 months 1 day even without confirmation. Accordingly, in the considered view of this Court, the petitioner is entitled to the pensionery benefit as per the notification dated 22.12.2014 inasmuch as, even without the confirmation, it is an admitted position of the respondent authorities that the petitioner had rendered service for 27 years 2 months and 1 day, which is apparently between 10 years and 20 years. 8. In view of the above, this writ petition is allowed. 9. The respondent authorities are directed to process all the pensionery benefits of the petitioner as per law and the same be done within a period of three months from the date of receipt of a certified copy of this order. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant