CHAYA RANI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned counsel for the petitioner as well as Mr. J. Handique, learned Standing counsel for the respondents No. 1, 1(A) and 2. Also heard Mr. G. Baishya, learned Standing counsel for the Accountant General (A & E), Assam (respondent No.3) and Mr. N. Goswami, learned Government Advocate appears for the respondent No.4.

(2.) In view of the nature of grievance raised in the present writ petition, this writ petition stands admitted for hearing by issuing rule returnable forthwith. The matter has been heard on the instance of the learned counsel for all sides.

(3.) In this writ petition filed under Art. 226 of the Constitution of India, the case projected by the learned counsel for the petitioner is that the husband of the petitioner was appointed as a Chainman in the year 1968 and in this regard he has placed reliance on the letter and a memo dated 18.08.1983 by which the provisional seniority list of the casual/ temporary chainman was prepared and notified wherein the name of the husband of the petitioner appeared at Sl. No.2. The husband of the petitioner retired on 30.04.2012 on the basis of the order under memo dated 24.04.2012 and accordingly, the husband of the petitioner was released in afternoon on 30.04.2012. After his retirement, the husband of the petitioner applied for pensionary benefit but the office of the Accountant General (A & E) Assam informed the Settlement officer, Karimganj vide letter under memo dated 31.08.2012, while returning the pension case of the husband of the petitioner, that the date of joining the government service of the husband of the petitioner was 04.10.2001 and the date of retirement is 30.04.2012. Hence, his qualifying service was less than 20 years (i.e. 10 years 6 months 26 days). It was further informed that his service was not confirmed during his service period and, as such, he was not entitled to pension except terminal gratuity as per the Rule 31 and Rule 152 (1) of Assam Service (Pension) Rules, 1969 and he was requested to submit the case after observing all formalities.