HUSSAIN ALI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) By way of this petition under article 226 of the Constitution of India, petitioner seeks quashing of order dated 04.05.2013 issued by the 1st respondent declining the prayer of the petitioner for pension by counting the period of his service as Sub-Registrar from 03.05.1984 rendered on commission basis and seeks a direction to the respondents to count his 24 years of service as Sub-Registrar on commission basis for the purpose of computation of pension. Facts are not disputed. However, those need to be briefly referred to facilitate adjudication of the dispute raised.

(2.) By order dated 28.04.1984 issued by the Deputy Secretary to the Government of Assam, Registration Department, petitioner was appointed as Sub-Registrar at Mukalmua in the then undivided district of Kamrup on commission basis. He joined on 03.05.1984. After about 24 years of service on commission basis, service of the petitioner was regularized vide Government notification dated 25.04.2008.

(3.) Since petitioner was to retire from service on attaining the age of superannuation on 31.03.2013, he moved the respondent No. 1 to consider the period of service rendered by him on commission basis while counting qualifying service for entitlement to pension. Be it stated that the period of service rendered by the petitioner from the date of regularization i.e. 25.04.2008 till his superannuation on 31.03.2013 did not make up the qualifying service which would entitle him to pension. Since no decision was taken on his above prayer, petitioner approached this Court by filing WP(C) No. 5044/2011. Following interim order of this Court, the representation of the petitioner was considered by the Principal Secretary of the Revenue and Disaster Management (Registration) Department but by the order dated 05.12.2011 the same was rejected.