DHARMESWAR BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, who has since retired from service as Head Master of Rangechangi Sowmarpith High School in the district of Dibrugarh, filed this writ petition on 18.3.2004, for counting the period of service before provincialisation. THE said period is from 12.8.1974 to 01.01.1984. THE School in which the petitioner had been serving was provincialised w.e.f.1.1.1984. After provin-cialisation of his service, he continued upto 31.12.1998, on which date he retired from service on attaining the age of superannuation.

(2.) REFERRING to the provisions of the Assam Secondary Education (Provincialised) Service Rules,1982 and the Assam Secondary Education (Provincialisation) Act, 1977, it is the case of the petitioner that his entire period of service from 12.8.1974 to 01.01.1984 is required to be counted towards pension. The School in which the petitioner had worked received adhoc grants from the Government from 1.4.1973 and the petitioner was appointed thereafter on 12.8.1974 as the Head Master.

(3.) RULE 13(7) of the Assam Secondary Education (Provincialised) Service RULEs, 1982 reads as follows :-