STATE OF ASSAM Vs. MD. HUSSAIN ALI

JUDGEMENT

(1.) This intra-Court writ appeal is directed against order dtd. 22/9/2014 passed by the learned Single Bench, whereby, WP(C) No.3551/2013 filed by the respondent/writ petitioner was accepted and the appellant/State was directed to count the services rendered by the respondent/writ petitioner as Sub-Registrar on commission basis prior to his regularization against the said post and to grant him the benefits under the Assam Services (Pension) Rules, 1969 (hereinafter referred to as 'Rules of 1969').

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) The respondent/writ petitioner was appointed as a Sub-Registrar at Mukalmua in the then undivided district of Kamrup on commission basis by a notification dtd. 28/4/1984 issued by the Deputy Secretary to the Government of Assam, Registration Department. He joined the post on 3/5/1984. It may be stated here that when the respondent was so appointed as a Sub-Registrar, there were no rules governing the services of Sub-Registrars in the Registration Department, Government of Assam. The commission based Sub-Registrars did not receive any salary/remuneration from the Government but their services were utilized and compensated by paying them commission of certain percentage from the amount of registration fees collected.