UPENDRA NATH MISRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. U. Bhuyan, learned counsel for the petitioner. Also heard Mr. T. Islam, learned standing counsel for the Education Department, Mr. J. Handique, learned counsel appears for the Pension and Public Grievances Department.

(2.) THE petitioner, who retired as Professor of Mathematics from the Assam Engineering College, Guwahati on 31. 1. 97, is before this Court to challenge the decision of the Government to grant him proportionate pension benefit by invoking Rule 98 of the Assam Services (Pension) Rules, 1969 (hereinafter referred to as the "pension Rules") by considering his service in the Engineering College from 1. 7. 63 to 31. 7. 93 and ignoring the services rendered by him from 1. 8. 93 to 31. 1. 97 (date of superannuation) on lien basis as a Reader of the Gauhati University.

(3.) WHILE the petitioner was serving on deputation basis in the Gauhati University, he made a request for permission to return to the post of Professor in the Engineering College and although the said application was forwarded to the Govt. by the Director of Technical Education on 10. 12. 93, no decision on the request of repatriation was taken and instead the two lien extension orders referred to above were passed. The petitioner also made a request to go on voluntary retirement prior to reaching the age of superannuation but the said request of the petitioner also went unheeded.