ISLAM UDDION BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Date 14-11-2019 Heard Mr. N.H. Borbhuiyan, learned counsel for the petitioner and Mr. R. Mazumdar, learned Standing Counsel, Elementary Education Department, Government of Assam.

(2.) The matter pertains to claim for retrospective regularization from the initial date of appointment prior to regular appointment and also for a direction to the respondent- authorities to grant pension penisonary benefits under the old Pension Scheme, namely, Assam Services (Pension) Rules, 1969 .

(3.) The petitioner claims that he was initially appointed on 28.02.1994 as a Cook (Grade- IV) in Muslim Hostel of Normal School, Silchar on ad hoc basis. Subsequently, his service was approved by the Director, SCERT vide order dated 30.03.1994. His service was extended from time to time by the Director, SCERT. It is claimed that when the petitioner was appointed on ad hoc basis as mentioned above, the same was made after going through similar process as applicable to regular appointment. However, subsequently when the service of the petitioner was regularized vide order dated 04.09.2013, the same was given effect from 27.09.2007 only.