Chief Justice Ashutosh Kumar Archives

‘Arbitrary and discriminatory’; Gauhati HC upholds pensionary benefits to 2006-2009 retirees, previously denied over financial stringency

There is no valid justification for creating two classes of pensioners, i.e. those who retired between 1-1-2006 and 31-3-2009, and those who retired after 31-3-2009, solely to grant a revised pension.

State Information Commissioner post-retirement benefits

Case Briefs High Courts

‘State Information Commissioner entitled to Chief Secretary-Level post-retirement benefits’; 10-year qualifying service not mandatory under S. 16(5) RTI Act: Gauhati HC

Gauhati High Court observed that by virtue of Section 16(5) of the Right to Information Act, 2005 , a deeming fiction is created to the advantage of the State Information Commissioner, who would be paid similar salary and postretiral benefits as that of Chief Secretary.

employees being paid from grants-in-aid not government employees

Case Briefs High Courts

‘Employees being paid salary from grants-in-aid not government servants’; Gauhati HC dismisses pension claim by Assam Minorities Development Board employees

“Gauhati High Court noted that the petitioners were employees of the Board and served on conditionally sanctioned posts, which were permanently retained and they were being paid their salary from grants-in-aid and not from the ordinary Head for disbursement of salary of the government employees.”