GOKUL GOSWAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D. Choudhury learned counsel appearing for the petitioner. Also heard Ms. A. Gayan, learned CGC appearing for the respondent nos.1 and 3, Mr. D. Borah, learned State Counsel appearing for the respondent nos.2,4&5 and Mr. B. Chakraborty, learned counsel appears for the respondent no. 7- AG.

(2.) The petitioner in this writ petition had been appointed as a Sub Inspector of Police (Border) against a vacant post under the then 'Prevention of Infiltration of Foreigners' (PIF) Scheme. The petitioner thereafter discontinued his services to join the Railway Protection Force and he served there for only for 3 months. The petitioner joined as Sub- Inspector of Police (B) again under the Scheme against an existing vacancy on 22/4/1999 and had been serving there continuously. By responding to an advertisement made on behalf of the respondent no. 3, the petitioner was appointed as a Hostel Superintendent based on the interview held on 29/1/2005. The petitioner was appointed by the order dtd. 21/2/2006. Till such point of time, the petitioner continued his service as Sub Inspector of Police (B) against the PIF Scheme. He was also given an NOC by the Addl. Superintendent of Police (B), Guwahati for joining the Sainik School Organization.

(3.) Though there was a dispute earlier as to whether the services rendered by an incumbent under the PIF Scheme would be continued as pensionable service, by judgments rendered by this Court, which were later on affirmed by the Hon'ble Apex Court, the services rendered under the PIF Scheme were held to be pensionable service.