UMESH SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution, the petitioner has prayed for quashing the letter dated 21.1.97 of the Senior Accounts officer Accountant General and for a direction on the respondents to pay his arrear pension.

(2.) The facts briefly are that the petitioner was initially appointed by letter dated 6.6.94 of the Sub-Divisional Officer Mongoldoi to work as Revenue Copyist. With effect from 3.11.79, the petitioner was paid Rs.650/- per month. Thereafter by Office Memorandum dated 15.7.98 of the Government of Assam, Finance (Establishment A) Department, the Government of Assam was pleased to prescribe the pay scale of Rs.470-12-530-EB- 12-590-EB-15-680-20-800/- P.M. with effect from 8.5.87 for the existing Copyist/Typist Copyist of various Departments of the State Government, who were already drawing fixed remuneration of Rs.650/- P.M. On 29.2.96, the petitioner retired from service pending finalisation of pension and the petitioner was paid provisional pension of Rs. 177.00 plus other allowances as admissible from time to time with effect from 1.3.96. But by a communication dated 15.1.97, the Senior Accounts Officer of the Accountant General (A&E), Assam intimated the Deputy Commissioner that since the petitioner has rendered only 8 years 9 months 24 days and less than 10 years of service no pension was admissible to him under the Assam Services (Pension) Rules, 1969 except service gratuity in lieu of pension and DCRG which came to Rs. 11,687.50 and Rs.5843.75 respectively. By the said communication dated 15.1.97, the Deputy Commissioner, Darrang was further requested not to make any further payment of provisional pension to the petitioner and intimate as to how he proposed to recover provisional pension already paid to the petitioner. Aggrieved by the said communication dated 15.1.97 of the Senior Accounts Officer of the Accountant General (A&E) Assam, the petitioner has moved mis Court for appropriate relief.

(3.) Mr A.K. Goswami, learned counsel for the petitioner, submitted that by order dated 22.9.96 passed by the Government of Assam, Judicial Department, a copy of which has been annexed as Annexure-9 to the writ petition, the Government has decided that the period spent on fixed pay by the copyist from 3.11.79 to 7.5.97 be treated as regular sendee for the purpose of granting pensionary benefit to one late'Krishna Chandra Lekharu, retired Copyist in the establishment of the District & Sessions Judge, Kamrup. He further submitted that since the petitioner was also working as a Copyist on fixed pay for the period from 3.11.79 to 7.5.97, he was entitled to similar benefit for the period of fixed pay from 3.11.79 to 7.5.97 as regular copyist for the purpose of granting pensionary benefits to him.