KRISHNA GOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned Sr. counsel for the petitioner in both the writ petitions and also heard Mr. P. Nayak, learned counsel for the Finance Department and Ms. M.D. Bora, learned Government Advocate appearing for the respondents No. 1, 3 & 4 in both the writ petitions.

(2.) These two writ petitions have been heard together and are being disposed of by this common judgment and order since, the petitioners were employees of the same department or organization and praying for the same relief.

(3.) The petitioner in W.P.(C) No. 4407/2015 was appointed as Stenographer (English) in the scale pay of Rs. 275-9-320-EB-10-420-EB-11-475/- p.m. plus other allowances as admissible to the under qualified Steno rules issued by the Chairman, Fish Farmers Development Agency, Kamrup vide his letter No. FFDA/EG.37/81-82/854, dated 28.11.1981. The appointment was purely temporary and valid upto 15th of December, 1981. Thereafter, she has stated to have cleared the Stenographer exam held by the Government of Assam and was given scale of Stenographer Grade-III and continued to serve in that position till she was superannuated on 31.3.2013 after serving for about 31 years. After her retirement, the Chief Executive Officer, Fish Farmers Development, Kamrup submitted a budget proposal for her retirement benefits before the Director of Fishery Department, Government of Assam, vide his letter No. 2112/655, dated 01.04.2014. But no positive action was taken by the respondents to extend pensionary benefits to her except releasing of her GPF amount which was a sum of Rs. 57,300/-. Being aggrieved by none extension of the pensionary benefits as extended to the employees under the Government of Assam, the petitioner is here before this Court praying for issuance of appropriate writ or order or direction directing the respondents to extend the pensionary benefits.