TRISHNA SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Mofidul Islam, learned counsel for the petitioners. Also heard Mr. M. Nath, learned counsel for the PNRD, Mr. A. Chaliha, learned counsel for the Finance Department and Mr. D. Nath, learned Additional Senior Government Advocate for the authorities under the Pension Department.

(2.) The petitioners/predecessors-in-interest of the petitioners were all appointed as Secretary Gaon Panchayat/Lower Division Assistant/Office Assistant/Tax Collector/Peon/Chowkidar in different Gaon Panchayats/Anchalik Panchayats/Mahukma Parishads/Zilla Parishads in different districts in the State of Assam. All such appointments were made in the years 1964, 1966, 1974, 1975, 1981, 1984 and 1989, respectively. All the petitioners had either completed the terms of their appointment and retired upon attaining superannuation or they may have died during their service period, but in any view they had rendered the services for a considerable period of service entitling them to pension.

(3.) By the various communications of the respective authorities either in the Panchayati Raj Institutions or in the Directorate of Pension, Assam, certain amounts are sought to be deducted from the pensionary benefits of the petitioners on the ground that during their service tenure, they were, respectively, paid a higher salary than they were entitled under the law.