LAWS(GAU)-2011-5-32

SADANANDA DAS Vs. STATE OF ASSAM

Decided On May 19, 2011
SADANANDA DAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. A. Maleque, learned counsel appearing for the petitioner. The official respondents are represented by Mr. MR Pathak, learned standing counsel, Education and Mr. UK Nair, learned standing counsel, Pension and Public Grievances department.

(2.) THE petitioner, who retired from service as the Headmaster of Bolodmari High School, Goalpara, on 31.12.01, seeks higher pensionary benefits by taking into account his past service in the J.N. Memorial H.S. School, where he served earlier from 4.2.87 to 16.8.77. He is also seeking direction to restrain the respondents from recovering the alleged excess pensionary dues paid to him.

(3.) HOWEVER, it is submitted by Mr. MR Pathak, learned standing counsel, Education, that when the petitioner was serving in the JN Memorial HS School, the said school was yet to be provincialised and the service rendered by the petitioner in a venture school, is not counted as qualifying service, for computing pensionary benefits.