PROMOD CHANDRA KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Goswami, learned Senior counsel assisted by Mr. M. Das and Mr. A Das, learned counsel for the petitioners. Also heard Mr. P. Nayak, learned Addl. Advocate General, Assam for the respondents.

(2.) The petitioners were appointed as Work Charged workers initially for a fixed period and subsequently they continued to render services till their superannuation without any break. They were appointed on a monthly scale of pay requiring crossing of efficiency bar. The petitioners from their date of initial engagements till superannuation had been discharging their duties which are performed by any regular Employee in Grade-III or Grade-IV posts under the control of the respective Executive Engineers.

(3.) It is the case projected by the petitioners that they were not appointed against any specific work or project and their services were utilized against works which were regular and perennial in nature. According to the petitioners, they have rendered more than 20 years of continuous services till their dates of superannuation and therefore in terms of the Office Memorandums dtd. 12/9/1996 and 6/9/2003, all temporary government employees who have retired from service under the Government of Assam fulfilling the criteria of not less than 20 years of continuous service were eligible for pension from 1/9/1982 onwards without the requirement of permanency against permanent post under the Government of Assam for usual pensionary benefits under the Assam Services (Pension) Rules 1969 (hereinafter referred to as " the Rules of 1969 ").