ISMAIL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. Also heard Ms. R. Chakraborty, learned State counsel representing the respondents.

(2.) THESE writ petitions have been filed claiming pensionary benefits which according to the petitioners, they are entitled to in view of the provincialization of their services. The petitioners are the Panchayat employees and their services have been provincialized with effect from 1. 10. 1991 i. e. the date of enforcement of the Assam Panchayat Employees (Provincialization) Act, 1999. Although the services of the petitioners as Panchayat employees have been provincialized with effect from 1. 10. 1991 but because of lack of qualifying service for pension, they have not been provided with the benefit of pension. According to the petitioners, the Act having been passed to facilitate the pensionary and other retirement benefits, the respondents are duty bound to count their previous service before provincialization. Placing reliance on the respective dates of appointment, the petitioners have contended that irrespective of date of provincialization of their services pursuant to the passing of the said Act of 1999, having regard to their long length of service, they are entitled to receive pensionary and other retirement benefits.

(3.) THE respondents have filed counter-affidavit in W. P. (C) No. 5786/2005. While broadly agreeing with the fact of provincialization of services of the petitioners and for that matter, 4565 number of Panchayat employees pursuant to the enactment of the Assam Panchayat Employees (Provincialization) Act, 1999, they have contended that as per the provisions of the Pension Rules, the petitioners having not rendered minimum qualifying services for pension, the respondents have faced difficulties in providing pensionary and other retirement benefits to the petitioners. They have quantified the qualifying services as 10 years and it is their contention that since none of the petitioners has got qualifying service of 10 years from the date of provincialization of their services, the petitioners are not entitled to get pensionary and other retirement benefits. Taking a pragmatic approach to the matter, the respondents have now initiated action to work out the feasibility of providing pensionary and retirement benefits to the petitioners and similarly situated other Panchayat employees. In this connection, the respondents in their counter affidavit have stated thus :