Page No.# 1/14 vs The State Of Assam And 6 Ors
2021 Latest Caselaw 1309 Gua

                                                                    Page No.# 1/14

GAHC010175632020




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/5401/2020

         SANJIB BORAH AND 42 ORS
         S/O. LT. DILIP BORAH, VILL. PANITULA, P.O. CHAMARAJAN, P.S. DHEMAJI,
         DIST. DHEMAJI, PIN-787057 ASSAM, ASSTT. TEACHER NARUATHAN M.V.
         SCHOOL.

         2: NABAJIT BARUAH
          S/O- LT. BIRESWAR BARUAH
          R/O- NALANIPAM
          RATANPUR ROAD
          PO AND PS- DHEMAJI
          DISTRICT- DHEMAJI
          PIN-787057
         ASSAM
         ASSISTANT TEACHER
          DHEMAJI TOWN M.E.SCHOOL.

         3: KAUSHILA DEVI
         W/O- ROMA KT. GOUTAM
          R/O- VILLAGE-3NO. SIMALUGURI
          PO- SIMALUGURI
         PS- BIHUPURIA
          DISTRICT- LAKHIMPUR
         PIN-784165
         ASSAM
         ASSISTANT TEACHER
          MORIDHAL MV SCHOOL.

         4: PRABIN CHANGMAI
          S/O- LT. KESHAB CHANGMAI
          R/O- BHADRAPARA (JYOTINAGAR)
          PO AND PS- DHEMAJI
          DISTRICT- DHEMAJI
          PIN- 787057
         ASSAM
                                  Page No.# 2/14

 ASSISTANT TEACHER
 KHALIHAMARI PAMUA HIGH SCHOOL
(AMALGAMATED).

5: NAKUL BORGOHAIN
 S/O- LT. MILESWAR BORGOHAIN
 R/O- VILLAGE- BORPATARIA
WARD NO-8
 PO AND PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
ASSAM
ASSISTANT TEACHER
 RANGKOP BULAKATA HIGH SCHOOL
 (AMALGAMATED).

6: JAYANTA MADHAB DEORI

S/O- LT. GUNASING DEORI
R/O- VILLAGE- BORBAM DEORI
PO- DEORI BORBAM
PS- GOGAMUKH
DISTIRCT- DHEMAJI
PIN-787026
ASSAM
ASSISTANT TEACHER
BORBAM HIGH SCHOOL
(AMALGAMATED).

7: RANJANA DAS

W/O- DAMBARU SONOWAL
R/O- RUPNAGAR
WARD NO-6
PO- ARADHAL
PS- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
RAICHAPORI HIGH SCHOOL
(AMALGAMATED).

8: BHULANATH GOGOI
 S/O- LT. DHANIRAM GOGOI
 R/O- VILLAGE- GHUGUHA
 PO- GHUGUHA DOLE
 PS- DHEMAJI
 DISTRICT- DHEMAJI
                                     Page No.# 3/14

PIN-787053
ASSAM
ASSISTANT TEACHER
BAGDEVI M.E. SCHOOL.

9: RAJKUMAR MILI

S/O- LT KALURAM MILI
R/O- VILLAGE- UKHAMATI
PO- UKHAMATI
PS-GOGAMUKH
DISTRICT- DHEMAJI
PIN-787056
ASSAM
ASSISTANT TEACHER
UKHAMATI MV SCHOOL.

10: PRANAMI DUTTA
W/O- MINTU SAIKIA
 R/O- VILLAGE- MACHKHUWA CHARIALI
 PO- MACHKHUWA
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787058
ASSISTANT TEACHER
 JORKATA HIGH SCHOOL
 (AMALGAMATED).

11: SAMIR BURAGOHAIN
 S/O- LT. DIPTI BURAGOHAIN
 R/O- NAPAM HILOIDARI
WARD NO-9
 PO- KHUBALIA
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
ASSAM
ASSISTANT TEACHER
 DHEMAJI TOWN ME SCHOOL.

12: NABIN CHANDRA SUTRADHAR
 S/O- LT. MOHENDRA SUTRADHAR
 R/O- VILLAGE- 3 NO. MANIKPUR
 PO- NALBARI KACHARI
 PS- GOGAMUKH
 DISTRICT- DHEMAJI
 PIN-787035
ASSAM
                                      Page No.# 4/14

HEAD MASTER
BORACHIRA M.E.SCHOOL.

13: BABITA CHUTIA

W/O- JAYANTA GOGOI
R/O- BORPATARIA
WARD NO-1
PO AND PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
MORIDHAL M.V.SCHOOL.

14: TUPALI HANDIQUE
W/O- AJOY KR. GOGOI
 R/O- VILLAGE- NO-1
 HILOIDARI
 PO- DIGHALA HILOIDARI
 PS- DHAKUAKHANA
 DISTRICT- LAKHIMPUR
 PIN-787055
ASSAM
ASSISTANT TEACHER
 JORKATA HIGH SCHOOL
 (AMALGAMATED).

15: KAMALA PHUKAN
W/O- LT. BHUGRAM PHUKAN
 R/O- VILLAGE- LAGUA BARA
 PO- LAGUABARA
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787053
ASSAM
ASSISTANT TEACHER
 BECHAMARA HIGH SCHOOL
 (AMALGAMATED).

16: NANDITA BURAGOHAIN
W/O- LT. BHUGENDRA NATH BURAGOHAIN
 R/O- GOHAIN GAON
 PO- GOHAIN GAON
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
ASSAM
                                         Page No.# 5/14

ASSISTANT TEACHER
DHEMAJI GIRLS HIGHER SECONDARY SCHOOL
(AMALGAMATED).

17: CHANDRA BORGOHAIN
 S/O- LT. UMESH BORGOHAIN
 R/O- VILLAGE- BAKAL
 PO_ KHUBALIA
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
ASSAM
ASSISTANT TEACHER
 DHEMAJI M.V.SCHOOL.

18: NARAYAN BORAH

S/O- LT. HEM KT. BORAH
R/O- VILLAGE- PUB BALIGAON
PO- GOGAMUKH
PS- GOGAMUKH
DISTRICT- DHEMAJI
PIN-787034
ASSAM
ASSISTANT TEACHER
CHAULDHOWA HIGH SCHOOL
(AMALGAMATED).

19: MOHENDRA SONOWAL
 S/O- LT. KAMAL CHAN SONOWAL
 R/O- VILLAGE- HALAKHBARI
 PO- GERUKAMUKH
 PS- GOGAMUKH
 DISTRICT- DHEMAJI
 PIN-787035
ASSAM
ASSISTANT TEACHER
 (AMALGAMATED).

20: SANJU CHUTIA BARUAH
W/O- DUGESWAR BORUAH
 R/O- VILLAGE- BORDOLONI KALITA GAON
 PO- BORDOLONI
 PS- GOGAMUKH
 DISTRICT- DHEMAJI
 PIN-787026
ASSAM
ASSISTANT TEACHER
                                Page No.# 6/14

BORDOLONI BOYS M.V.SCHOOL.

21: HOMEN NAYAK

S/O- LT. BHULANATH NAYAK
R/O- DHEMAJI TOWN
WARD NO-4
PO AND PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
JIADHAL CHARIALI HIGH SCHOOL
(AMALGAMATED).

22: RESHNA DEORI

W/O- DILEWAR DEORI
R/O- VILLAGE- PUB BALIGAON
PO- GOGAMUKH
PS- GOGAMUKH
DISTRICT- DHEMAJI
PIN-787034
ASSAM
ASSISTANT TEACHER
BHITAR SANTI LP SCHOOL.

23: PRASANTA DAS

S/O- LT. JIBEDHAR DAS
R/O- VILLAGE- ADARSHA GAON
PO- DHUBABARI
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787058
ASSAM
HEAD MASTER
RABAPUNA L.P. SCHOOL.

24: SUREN GOGOI
 S/O- LT. DAMBARU GOGOI
 R/O- VILLAGE- GHUGUHA
 PO- GHUGUHA DOLE
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787053
ASSAM
 HEAD MASTER
                                       Page No.# 7/14

GOHAINBARI LP SCHOOL.

25: NITYA SAIKIA
 S/O- LT TANKESWAR SAIKIA
 R/O- VILLAGE- KHANGIA CHAPARI
 PO- LAGUABARA
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787053
ASSISTANT TEACHER
 NO.2 GOHAIN GAON LP SCHOOL.

26: TULAN PEGU

S/O- SARBESWAR PEGU
R/O- VILLAGE- BECHAMARA
PO- SUBAHI PATHAR
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
BECHAMARA HIGH SCHOOL
(AMALGAMATED).

27: BIDHAN SAIKIA
 S/O- LT. TULSI SAIKIA
 R/O- VILLAGE- BALIJAN BURAKURI
 PO- BORDOLONI
 PS- GOGAMUKH
 DISTRICT- DHEMAJI
 PIN-787026
ASSAM
 HEAD MASTER GURATHALI L.P. SCHOOL.

28: PARIMEETA GOGOI

W/O- THANESWAR GOGOI
R/O- VILLAGE- PUWASAIKIA
PO- NARUATHAN
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
PUWA SAIKIA L.P SCHOOL.

29: RUNUMI DUTTA KALITA
                                Page No.# 8/14

W/O- SUBHAN CH. KALITA
R/O- VILLAGE- NO-2
BORAJAN
PO-MACHLHOWA
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787058
ASSISTANT TEACHER
BORAJAN ADARSHA M.E. SCHOOL
(AMALGAMATED).

30: ANIMA DIHINGIA

W/O- PURNANANDA SAIKIA
R/O- VILLAGE- BONGALMARI
PO- MATIKHULA
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
HEAD MASTER
GARPARA LP SCHOOL.

31: LABANYA DOLEY

S/O- LT. KUMARSING DOLEY
R/O- VILLAGE- SISSIMUKH
PO- SISSIMUKH
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787058
ASSAM
HEAD MASTER
BAGHBETA MISHING L.P.SCHOOL.

32: PRAMILA HANDIQYE
 R/O- VILLAGE- NAHRANI
PO- JORKATA
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787058
ASSAM
ASSISTANT TEACHER
 BAHIT TAPIT L.P. SCHOOL.

33: SONITA DEORI
W/O- SUBHANJOY DEORI
 R/O- VILLAGE- BAMCHENIA
 PO- KADAMGURI
                                    Page No.# 9/14

PS- GOGAMUKH
DISTRICT- DHEMAJI
PIN-787034
ASSAM
ASSISTANT TEACHER
BALIJAN ABHOIYAPURI L.P. SCHOOL.

34: SANTA DEVI

W/O- LT. PADMALAL UPADHYAY
R/O- VILLAGE- PANCHMILE
PO- UKHAMATI
PS- GOGAMUKH
DISTRICT- DHEMAJI
PIN-787056
ASSISTANT TEACHER
CHELAJAN L.P. SCHOOL.

35: SWARNALATA MILI

W/O- RAKESH PAYENG
R/O- VILLAGE- CHINAICHUK
PO- ARADHAL
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSISTANT TEACHER
MAICHA NUNIBARI L.P SCHOOL.

36: AJANTA DOLEY
 R/O- VILLAGE- MOHARICAMP
 PO- UKHAMATI
PS- GOGAMUKH
 DISTRICT-DHEMAJI
 PIN-787056
ASSISTANT TEACHER
 MOHARICAMP L.P. SCHOOL (NEW).

37: SUTIBALA GOGOI

W/O- ATUL HANDIQUE
R/O- VILLAGE- NALANIPAM
PO- HATIGARH
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
                                 Page No.# 10/14

NO.2 HATIGARH L.P.SCHOOL.

38: RENU PROVA DOLEY
W/O- BENUDHAR PEGU
 R/O- VILLAGE- NALANIPAM
 PO- DHEMAJI
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
 HEAD MASTER
 KEKUWARICHUK L.P SCHOOL.

39: QUEEN SAIKIA

W/O- CHANDRA BORGOHAIN
R/O- VILLAGE- BAKAL GAON
PO- KHUBALIA
PS AND DISTRICT- DHEMAJI
PIN-787057
ASSAM
ASSISTANT TEACHER
KHUBALIA L.P. SCHOOL.

40: ASWINI SONOWAL
 S/O- LT. JITEN SONOWAL
 R/O- VILLAGE- GOPAK GAON
 PO- ARADHAL
 PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
ASSAM
ASSISTANT TEACHER
 NO.1
 BISHNUPUR L.P.SCHOOL.

41: MONIDHAR PAYENG
 S/O- LT. LUHIT PAYENG
 R/O- VILLAGE- NO.2 LATAK
 PO- GOGAMUKH
 PS- GOGAMUKH
 DISTRICT- DHEMAJI
 PIN-787034
ASSAM
 HEAD MASTER
 2 NO. BARABHUYAN L.P.SCHOOL.

42: KAILASH BORSAIKIA
 S/O- LT. MALIRAM BORSAIKIA
                                                         Page No.# 11/14

R/O- VILLAGE- KULAPATHAR KACHARI
PO- ARADHAL
PS- DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSISTANT TEACHER
PACHIM JAIDHAL L.P.SCHOOL.

43: PRANATI BHUYAN
 S/O- HIRA SONOWAL
 R/O- 2. NO. BHARALICHUK
 DHEMAJI
 PO AND PS- DHEMAJI
 DISTRICT- DHEMAJI
 PIN-787057
ASSAM
ASSISTANT TEACHER
TELIJAN L.P.SCHOOL

VERSUS

THE STATE OF ASSAM AND 6 ORS
THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-06.

2:THE STATE OF ASSAM

REP. BY THE THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPTT.
DISPUR
GUWAHATI-06.

3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
 FINANCE DEPTT.
 DISPUR
 GUWAHATI-06.

4:THE ADDL. CHIEF SECRETARY

TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.

5:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM
                                                                                         Page No.# 12/14

              KAHILIPARA
              PIN-781019.

             6:THE DIST. ELEMENTARY EDUCATION OFFICER

              DHEMAJI
              P.O. AND P.S. DHEMAJI
              DIST. DHEMAJI
              PIN-787057
              ASSAM.

             7:THE DY. INSPECTOR OF SCHOOLS

              DHEMAJI DISTRICT CIRCLE
              DHEMAJI
              P.O. AND DIST. DHEMAJI
              ASSAM
              PIN-787057

Advocate for the Petitioner     : MR. S C BISWAS

Advocate for the Respondent : SC, SEC. EDU.




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                                   ORDER

Date : 05-04-2021

Heard Mr. B.D. Das, learned senior counsel for the petitioners in WP(C) No. 4988/2020, Mr. S.C. Biswas, learned counsel for the petitioners in WP(C) No. 3541/2020 as well as in WP(C) No. 4987/2020 and Mr. S.N. Adhyapak, learned counsel for the petitioners in WP(C) No. 2000/2020. Also heard Mr. R. Mazumdar, learned counsel for the Secondary Education Department of the Government of Assam and Mr. R. Borpujari, learned counsel for the Finance Department of Government of Assam.

2. Without adverting to the detail facts pertaining to the writ petitioners, for the purpose of these writ petitions we deem it appropriate that taking note of the following facts would be sufficient for passing appropriate order in the writ petitions.

Page No.# 13/14

3. All the writ petitioners were initially appointed under the OBB-7066 Scheme. Earlier an issue had arisen as to whether the teachers who are appointed under the OBB-7066 scheme are entitled to regularization at a subsequent stage of their career.

4. There are judicial pronouncements in favour of such teachers providing that they are entitled for such regularization. Pursuant to such adjudications, the petitioners were regularized in service. The process of regularizing the teachers appointed under the OBB-7066 scheme started from sometime in the year 2001. As a big number of teachers were involved in the process, it took a long time for the orders of regularization to be passed. In the process, the present writ petitioners were regularized in service sometime in the year 2010.

5. The Finance Department of Government of Assam by the Office Memorandum dated 06.10.2009 introduced a New Defined Contribution Pension Scheme. The Memorandum itself provides that the New Defined Contribution Pension Scheme would be effective for all the new entrants joining the State Government service on a regular basis against vacant sanctioned post(s) on or after 01.02.2005.

6. A reading of the adoption of the New Defined Contribution Pension Scheme makes it discernable that all such persons who had entered the State Government Service either by way of a fresh recruitment or by regularization after 01.02.2005 would be covered by the New Defined Contribution Pension Scheme and those who entered the State Government service prior to 01.02.2005 would be covered by the Assam Service (Pension) Rule, 1969.

7. The teachers who were appointed by the OBB-7066 scheme, whose process for regularization started from the year 2001 but in fact were regularized after 01.02.2005 had raised a grievance before this Court that as their regularization was delayed because of the enormity of the process and had it been otherwise, they would have been regularized prior to 01.02.2005 and therefore, they would be covered by the Assam Service (Pension) Rules, 1969 and not by the New Defined Contribution Pension Scheme which came into effect from 01.02.2005.

Page No.# 14/14

8. The said issue was given a consideration by this Court in its judgment dated 12.04.2018 in WP(C) No. 5073/2014 and other related writ petitions. This Court by the said judgment of 12.04.2018 took note of the fact that as it was a continuous process of regularization which started from the year 2001 and it depended upon a chance as to who would be regularized early and who would be regularized later resulting in a situation where some of the teachers were regularized subsequent to 01.02.2005, it was not appropriate to form a different class from other teachers of the OBB-7066 scheme who were regularized prior to 01.02.2005. Consequent thereof, the Finance Department was directed to take a decision as to whether this class of employees would be covered by the Assam Service (Pension) Rules, 1969 or they would be covered by the New Defined Contribution Pension Scheme which came into effect from 01.02.2005. As these petitioners are similarly situated with those of the writ petitioners in WP(C) No. 5073/2014 and other writ petitions, we accordingly dispose of these writ petitions by providing that the judgment dated 12.04.2018 in WP(C) No. 5073/2014 would also cover the case of the present writ petitioners. In the event, any decision is taken by the Finance Department pursuant to the judgment dated 12.04.2018 in WP(C) No. 5073/2014 and other writ petitions, such decision shall also cover the present writ petitioners and depending on the decision to be taken, the present writ petitioners would be placed under the Assam Service (Pension) Rule, 1969 or the New Defined Contribution Pension Scheme, as the case may be.

9. Writ petitions stand disposed of in the above terms.

JUDGE

Comparing Assistant