ANOWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. I. Uddin, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. D. Nath, the learned senior Government Advocate appearing on behalf of the Judicial Department of the Government of Assam; Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department of the Government of Assam; Mr. B. Chakraborty, the learned counsel appearing on behalf of the Accountant General (A&E) and Mr. H. K. Das, the learned counsel appearing on behalf of the Gauhati High Court.

(2.) The present writ petition was filed by the petitioner being aggrieved vide the communication dtd. 26/8/2019 issued by the Office of the District and Sessions Judge, Bongaigaon and the Board Resolution dtd. 16/8/2019 whereby the prayer for payment of arrear salary and finalization and disbursement of pension of the petitioner was rejected. The petitioner also by way of the instant writ petition sought for a direction upon the respondent authorities and more particularly the District and Sessions Judge, Bongaigaon to finalize and disburse the pension of the petitioner with all consequential retirement benefits and make payment of one month arrear salary of the petitioner and also make payment of the salary of the petitioner from 1/8/2017 to 7/12/2018 which period the petitioner rendered service in excess from the original date of retirement of 31/7/2017.

(3.) Mr. A. I. Uddin, the learned counsel appearing on behalf of the petitioner at the outset submitted that the petitioner would not insist upon the salary for the period from 1/8/2017 to 7/12/2018 taking into account that the said period was beyond the period of retirement which is 31/7/2017.