SIDDIQUE ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is before this court seeking a direction to the respondents to consider his services rendered for about 24 years as LDA on commission basis in the Revenue Registration Department, Government of Assam for grant of pension under the old pension scheme.

(2.) The brief facts pleaded by the petitioner is that the Government of Assam, Registration Department, by a notification under Memo No. REGN 42/78/29-A dtd. 28/2/1984, published a notification wherein it was stated that the Government of Assam in exercise of the power conferred by Sec. 7 of the Registration Act, 1908 was pleased to accord sanction for opening of a commission basis Sub-Registry office at Mukalmua in the then Kamrup District, having concurrent jurisdiction of the Registration offices at Nalbari, Belsor, and Hajo. By a separate Notification dtd. 28/4/1984, the Government of Assam, Registration Department appointed one Md. Hussain Ali as a Commission Basis Sub-Registrar of the said commission basis Sub-Registry office at Mukalmua in the district of Kamrup. The newly appointed Commission Basis Sub-Registrar will be remunerated in accordance with the provisions contained in the Registration Manual Assam. Necessary office accommodation to be arranged by him at his own cost, books, forms etc. will be supplied to him by the Inspector General of the Registration, Assam and if necessary, the said Commission Basis Sub-Registrar may arrange for office establishment.

(3.) In terms of the Notification dated 28th of April 1984 and in terms of the instructions contained therein for opening a Commission Basis Sub-Registry office at Mukalmua in the then District of Kamrup, the concerned Sub-Registrar at the relevant point in time appointed the petitioner on Commission Basis as Lower Division Assistant/Head Assistant in the Commission basis Sub-Registry Office at Mukalmua with effect from the joining of the petitioner. The petitioner joined as Commission Basis Lower Division Assistant/Head Assistant in the Commission Basis Sub-Registry Office at Mukalmua on the very same day of his appointment. Subsequently, the Sub-Registrar, Mukalmua filed representation dtd. 14/3/1988 for conversion of the commission basis Sub-Registrar office at Muka-lmua into a department under the government and on receiving the said proposal, the matter was processed. Thereafter, by notification dtd. 22/6/2007 issued by the Registration Department, Government of Assam, the department was pleased to convert 5 (five) existing commission basis Sub-Registry office into departments with effect from the date of posting of the departmental officers and subordinate staff. It was also stated that the commission system would cease to exist soon after the appointment of the departmental Sub-Registrar and Subordinate staff. In the said communication, the name of the commission basis Sub-Registry office at Mukalmua was at Sl. No. 1 of the said list along with 4(four) other commission basis sub-Registry office.