AZIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Ms. R. Choudhury, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondent no.1; Mr. S. P. Choudhury, learned Standing Counsel, Assam Urban Water Supply and Sewerage Board, appearing for the respondent nos. 2 & 3 and Mr. D. Bhattacharjya, learned Standing Counsel, Office of the AG (A&E) Assam, appearing for the respondent no. 4.

(2.) The core question arising for decision of this Court in the present writ petition is as to whether, the writ petitioner would be entitled to the benefits of pension payable under Assam Services (Pension) Rules, 1969 despite his permanent absorption under Sec. 22 (2)(ii) of the Assam Urban Water Supply and Sewerage Board Act, 1985 in the service of the Board with effect from 25/7/1996 ?

(3.) As per the projections made in the writ petition, it appears that pursuant to a selection process held by the Assam Public Service Commission (APSC) and the recommendation made thereto by the communication dtd. 7/7/1987, the petitioner was temporarily appointed as Assistant Engineer (Civil) under the Directorate of Municipal Administration, Assam, in the pay scale of Rs.875 40.001075-EB-40-1275-EB-45-1500-50-1850/- per month and other allowances as admissible under the Rules. The appointment so made by the order dtd. 5/7/1988 was to take effect from the date of joining in service. Accordingly, the petitioner had joined service as Assistant Engineer (Civil) in the Directorate of Municipal Administration, Assam. While he was serving as Assistant Engineer (Civil) under the Municipal Administration Department (MAD), by invoking the powers under Sec. 8 of the Assam Urban Water Supply and Sewerage Act, 1985 ( here in after referred to as the Act of 1985), the service of the petitioner, as Assistant Engineer (Civil), was also placed at the disposal of the Assam Urban Water Supply and Sewerage Board (herein after referred to as the 'Board'), Guwahati, on part time basis, by issuing the notification dtd. 10/7/1989. In the said notification, it was, clearly mentioned that the part time assignment of duties of the petitioner at the disposal of the Board would be in addition to his own duties as Assistant Engineer (Civil) of MAD.