ANIL ROY CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Bikash, learned counsel for the petitioner as well as Mr. D. Saikia, Senior Additional Advocate General, Assam for respondent nos. 1 (A) and 2. Also heard representing respondent no. 1(B) and Mr. N. C. Das, Senior Counsel representing respondent nos. 3, 4 and 5.

(2.) Section 3 of the Gauhati University (Amendment) Act, 2013 inserted a new Section 36A in the parent Act i.e. The Gauhati University Act, 1947 extending the benefit of pension to the existing permanent employees of the University, both teaching and non-teaching, who entered service before 01.02005. The eligibility of such pension was made effective from the 1st day of April, 2013. The petitioner herein entered service in Gauhati University as Lower Division Assistant on 09.04.1951 and retired on attaining age of superannuation on 30.09.1988 as Office Superintendent by availing the benefit of Gratuity and Contributory Provident Fund (CPF). He is aggrieved of the word "existing" in the newly inserted Section 36A(1) as it goes to deny him the benefit of pension. In this regard, prayer made in the writ petition is for an appropriate direction to severe the word "existing" from Section 36A(1) and to declare the petitioner's eligibility for pension with effect from 01.04.2013. Before proceeding further, it would be apposite to reproduce Section 36A(1), as brought in by the Gauhati University (Amendment) Act, 2013.

(3.) The petitioner alleges discrimination, in that, the retired employees of Gauhati University like him is sought to be treated differently from the retired employees of Dibrugarh University where the offending word "existing" do not appear in the newly inserted section 30A(1), as brought about by the Dibrugarh University (Amendment) Act, 201 In case of Dibrugarh University, all permanent employees, both teaching and non-teaching, who entered service before 01.02.2005 have been made eligible for pension on their retirement, with effect from 01.04.201 Whether the ground of challenge is sustainable in law or not, the same will be addressed at a later stage of this judgment. First, certain basic facts having utmost significance for adjudication of this case needs to be noticed.