WP(C) 5958/2007 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. JUDGMENT AND ORDER (ORAL) Heard Ms S.D. Choudhury, learned counsel for the petitioner as well as Mr. B. Go goi, learned Standing Counsel, Health Department. 2. The petitioner, who at the time of filing the writ petition was serving as Sub-Divisional Medical Officer, is aggrieved by the particulars relating to j oining of service as indicated in the Annexure-X notification dated 29.7.2007. In the said notification issued towards publication of Gradation List of Sub-Div isional Medical Officer, the position of the petitioner is at Sl. No.258 and the date of entering into the service is shown as 15.6.1981, which the petitioner c laims to be 4.5.1976. 3. The petitioner was first appointed as Curator and consequent upon recomm endation by the Assam Public Service Commission, he was allowed to continue in t he said post of Curator in Anatomy at Silchar Medical College. To that effect, t he notification dated 18.3.1977 was issued. While in service, the petitioner was granted leave for higher study and when returned from study leave, he was allow ed to join as Demonstrator in Anatomy at Assam Medical College, Dibrugarh. By A nnexure-VII letter dated 4.6.1984 addressed to the Accountant General, Assam by the Government of Assam in the Health & Family Welfare (A) Department, it was co nveyed that the petitioner’s period of service from 4.5.1976 to 23.6.1981 is cou ntable towards increment, pension, leave etc. on his appointment as Medical & He alth Officer. By the said letter, it was indicated that he had joined as Medical & Health Officer-I at Tezpur Civil Hospital. 4. The whole basis of apprehension of the petitioner is because of the indi cation of date of entry into service as 15.7.1981 in the impugned notification (Annexure-X to the writ petition). It is the apprehension of the petitioner that by not counting the period of service from 4.5.1976, on which date, he had joi ned as Curator, he would be deprived of the benefit of past service for poension ary benefits till 1981, when he joined as Medical & Health Officer-I in continu ation of earlier service as Curator. 5. In the counter affidavit filed by the respondents, it has been stated in paragraph 7 that as per the existing rules, the Government employees get benefi ts of leave, pension etc. when appointed to other post under the State Governmen t or Central Government, except seniority. As regards the apprehension of the pe titioner, it has been stated that the State Government has already informed the Accountant General to give such benefits for the past service, which the petiti oner had rendered under the Health & Family Welfare (B) Department for the perio d from 4.5.1976 to 23.1.1981. In this connection, they have also referred to the Annexure-VII letter dated 4.6.1984, referred to above. In the counter affidavi t, the respondents have also stated about the extension of joining time granted by the Director of Health Services, Assam w.e.f. 24.6.1981 (Forenoon) to 14.7.19 81 (Afternoon) enabling the petitioner to join as Medical & Health Officer-I vid e notification dated 5.12.1981. Naturally, the respondents have denied that the petitioner is entitled to count seniority as well inasmuch the post in the entr y level was inferior than the post of Medical & Health Officer-I, in which post, he joined in 1981. 6. In view of the above, this writ petition is disposed of directing the re spondents to count the past service of the petitioner i.e. the period from 4.5. 1976 to 23.6.1981 for the purpose of pensionary and other benefits, as may be ad missible. In this connection, the respondents may also take note of the Annexure -XI representation dated 14.8.2007 annexed to the writ petition.