SMITH SANGMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Das, learned counsel for the petitioner as well as Dr. B. Ahmed, learned counsel representing Respondent Nos. 1, 2 and 3. Mr. C. Baruah, learned counsel represents Respondent No.4, whereas Mr. P. Nayak, learned counsel represents Respondent No.5.

(2.) The total qualifying period of service of the petitioner is the bone of contention in the present proceeding. According to the petitioner, he was appointed as a Night Chow-kidar in the year 1982 on Muster Roll basis in the Office of the Executive Engineer, Goalpara Division (Irrigation), Goalpara. Subsequently, he was transferred to the Dudhnoi Division (Irrigation) during re-organization of the Dudhnoi Division. Petitioner continued as such and by office order dated 06.10.2005, his service came to be regularized. The petitioner retired from service on 30.06.2013.

(3.) Petitioner claims that he is entitled to all retirement benefits and monthly pension w.e.f. 30.06.2013. Although he has submitted the pension papers, however, a letter came to be issued on 06.05.2015 from the Office of the Principal Accountant General (A&E), Assam, negating his claim. Ground assigned is that since the petitioner was engaged as Muster Roll Worker on 22.09.1992 and had retired on supernuation on 30.06.2013, his total qualifying service, after deduction of the initial 6 year service as a Muster Roll Worker, is only 14 years 9 months and 9 days. In the said letter dated 06.05.2015, it is also indicated that as per the Assam Service Pension Rules, 1969, a temporary Government servant retiring with less than 20 years of service is not entitled to any pensionary benefits, save and except, the terminal gratuity at the admissible rate and as per required procedure. The clarification made by the Finance Department was also taken note of holding that pension is not admissible to a retired Muster Roll employee with less than 20 years of service, unless, confirmation of service is approved by the Finance Department. Challenging the views so expressed by the Principal Accountant General (A&E), Assam, the present writ petition was instituted.