HABIB ALI BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. Ahmed, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned counsel for the respondent nos.1, 3, 6, 7, 8 and 9 and Mr. R. Mazumdar, learned counsel for the respondent no.5. Mr. J. Handique, learned counsel appears for the respondent nos.2 and 4.

(2.) The petitioner s case is that he was temporarily appointed as a Patowari in the office of the respondent no.9 on 10/3/1966. The petitioner was thereafter sent for training for the Recorders Class Certificate Course in 1982 and after completion of the course, he was given a Certificate dtd. 9/6/1983. However, the petitioner s service as an untrained temporary Patowari was terminated by discharging him from service w.e.f 1/7/1982, vide order dtd. 23/6/1982. The petitioner thereafter did not work for 5 (five) years. The petitioner was subsequently temporarily re-appointed into service, vide order dtd. 11/8/1987 w.e.f. the date of joining.

(3.) The petitioner thereafter retired from service on attaining the age of superannuation on 29/6/2002. As no pension and other pensionary benefits was being given to the petitioner, the petitioner has filed the present writ petition 13 years later, praying for grant of pension and other pensionary benefits.