DEBA KANTA SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This matter came to be considered by the Division Bench in view of the different views taken by the two learned single Judge of this Court. The entitlement of the writ petitioner to pensionary and retirement benefits on the basis of service rendered in the higher posts as in-charge Assistant Headmaster and in-charge Headmaster, in addition to his duties of Assistant Teacher, is the issue which is to be answered by this Court.

(2.) In order to appreciate the legal issues involved, it is important to take a note of the relevant facts. The petitioner-while serving as Assistant Teacher in Chakalaghat High School, later on upgraded as Higher Secondary School-was allowed to hold charge as Assistant Headmaster and thereafter, as Headmaster for the period from 1.4.1991 to 30.4.1993 and 1.5.1993 to 31.3.1994 respectively in addition to his own duties. The petitioner was allowed to hold charge on the exigent happening of retirement of the regular incumbent. While functioning as in-charge Headmaster, on 31.3.1994 the petitioner retired from service on attaining the age of superannuation. After retirement, the petitioner was granted provisional pension as Assistant Teacher and his gratuity was also paid as per his entitlement.

(3.) One year after retirement of the writ petitioner, the Director of Secondary Education, Assam passed the Annexure III order on 20.4.1995, allowing the petitioner to officiate as Assistant Headmaster w.e.f. 1.4.1991 to 30.4.1993 and as Headmaster w.e.f. 1.5.1993 to 31.3.1994 in the prescribed pay scale in the Chakalaghat High School from where the writ petitioner retired on 31.3.1994 while holding the substantive post of Assistant Teacher.