HUSSAIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Deka, learned counsel for the petitioner as well as Mr. B. Gogoi, learned Standing Counsel, Finance Department. I have also heard Mrs. V.L. Singh, learned Standing Counsel, Revenue Department. By means of this writ petition, the petitioner has prayed for a direction to the respondents to count his 24 years of service rendered on commission basis entitling him to pensionary and other retirement benefits. In the process, the petitioner has also challenged the Annexure-C order dated 3.12.2011, by which, the Government of Assam in the Revenue and DM (Registration) Department has rejected the case of the petitioner for such benefits.

(2.) The facts are in a narrow campus. The petitioner joined as Sub-Registrar on commission basis on 3.5.1984. On completion of approximately 24 years of service, he was regularized in his service as Sub-registrar by order dated 25.4.2008. Upon such regularization, he received his salary in the minimum pay scale. The petitioner is now at the verge of retirement and will retire on attaining the age of superannuation with effect from 28.2.2013.

(3.) When the petitioner made representation urging for counting of his past services rendered on commission basis entitling him to pensionary and other retirement benefits, the department representing by the Principal Secretary passed the impugned order dated 5.12.2011 rejecting the case of the petitioner holding that his past service on commission basis is not countable for the purpose of pension.