KALICHARAN RABIDAS Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS Writ Application has been filed by a person who was a Muster Roll worker claiming his retiral benefits i.e. Pension, Gratuity, amount of salary in lieu of unutilised earned leave etc. The claim of the Petitioner is that he was engaged as a Muster Roll Labour in April 1958 and from that date he had been discharging his continuous services without any break in his service career. The affidavit -in -opposition has been filed on behalf of the Respondents and records have also been produced along -with Service book of this case. From the service book of this person it is seen that the Petitioner was continuing as Muster Roll Labour from 1.4.72 as per the records. But it is the case of the Respondents that the Petitioner did not qualify for Pension since he had not completed 10 years regular services. As services of the Petitioner was only regularised under regular cadre only with effect from 27.10.90 and since 1.4.72 to 27.10.90 he was working on casual basis. Petitioner retired from service on 31.7.96 and virtually he served on regular cadre from 27.10.90 to 31.7.96 i.e. for 5 years 9 months and 4 days therefore he is not entitled for pension under the Assam Services Pension Rules, 1969 in as much as, requirement for eligibility to get pension, a person must served for a period of minimum 10 years. But the authority has given the service gratuity and cash payment in lieu of unutilised earned leave on the basis of calculating regular services for the period of 5 years 9 months and 4 days amounting to Rs. 2681/ - and he also has given benefit of 175 days leave encashment benefit and that amount also calculated by the authority and the total amount payable to the Petitioner has been found by the authority to be Rs. 11,547/ - + Rs. 2681/ - = 14,228/ - (Rupees fourteen thousand two, hundred twenty eight) only and that amount is being paid. This amount was paid only after filing of the writ application.

(2.) BE that as it may, question remains to be adjudicated as to whether the Petitioner shall be entitled to pension holding his date of entry from 1972. As revealed from the Records this matter is covered by a number of judgments of this Court. In Kabiram Rajbangshiv v. State of Assam and Ors. reported in, 1997(1) GLT 589 this Court in paragraph 4 of the judgment laid down the law as follows:

(3.) THE same is the decision in W.P.(C) 1986/99 (Sri. Phalik Das v. State of Assam and Ors.) wherein this Court as follows: