Page No.# 1/12 vs The State Of Assam And 7 Ors
2021 Latest Caselaw 1310 Gua

Page No.# 1/12

GAHC010057862021

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

Case No. : WP(C)/2407/2021

LALIT PHUKAN AND 59 ORS.

S/O- SRI GIRI KT. PHUKAN, R/O-VILL- GENDHALI BEBEJIA, P.O- SAMAGURI, PIN- 782140 DISTRICT- NAGAON, ASSAM ASSISTANT TEACHER OF LATABOWA M.V SCHOOL.

2: TAPAN KR. SARMAH S/O - SRI GIRISH CH. SARMAH R/O- VILL- BORDOL P.O- UDMARI PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF LATABOWA M.V SCHOOL.

3: GEETA MONI DADHARA

D/O- SHRI HEMA KANTA DADHARA R/O-VILL- SUTARRANDHANI CHOOK P.O- BORANGATALI PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF LATABOWA M.V SCHOOL.

4: BISHNU RAM BASUMATARY S/O- LATE BADARAMBASUMATARY R/O- VILL -AUNIATIBORBARI P.O- CHAPANLLA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BAMUNI M.E SCHOOL.

5: NIRMALI MAHANTA D/O- LATE LESHA KT. MAHANTA R/O-VILL- BAJIAGAON P.O- BAJIAGAON PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF ALHAJ NARUL HUSSAIN HIGH MADRASSA SCHOOL. (AMALGAMATED)

6: PRANALI MAHANTA Page No.# 2/12

D/O- LATE PREM KANTA MAHANT R/O-VILL- SAMAGURI P.O- SAMAGURIPIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BHELAGURIANCHALIK HIGH SCHOOL (AMALGAMATED).

7: DIPA BHUYAN D/O- SRI UMA RAM BHUYAN R/O-VILL- PHUKAN KHAT P.O- SINGIA PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BHELAGURIANCHALIK HIGH SCHOOL (AMALGAMATED).

8: SOURAV HAZARIKA S/O- LATE PUTU HAZARIKA R/O-VILL- BORANGATOLI P.O- BORANGATOLI PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KHATOWALBORANGATOLI M.V SCHOOL.

9: RAFIQUL ISLAM S/O- LATE ABDUL JABBER R/O-VILL- BORGHAT P.O- BORGHAT PIN- 782125 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BORGHAT M.E SCHOOL.

10: BISWAJIT PHUKAN S/O- LT. KAMAL CH. PHUKAN R/O-VILL- BARBARI P.O- BAMUNI PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BALIJURIKAZIRANGA M.E SCHOOL

11: BARSING RONGPI S/O- SRI GOYARAMRONGPI R/O-VILL- BAMUNI P.O- KARBIGAON PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BAMUNI M.E SCHOOL.

12: LILY HAZARIKA D/O- LATE RAMESWARSAIKIA R/O-VILL- SUTARSONARIGAON P.O- BARANBGATOLI PIN- 782141 DISTRICT- NAGAON Page No.# 3/12

ASSAM ASSISTANT TEACHER OF ALHAJ NURUL HUSSAIN HIGH MADRASSA SCHOOL.

(AMALGAMATED).

13: DILIP CH. BORA S/O- LATE BUBALI BORAH R/O-VILL- BORPAMIGAONKEUTOR CHOWK P.O- BORPAMIGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KUMAR GAON FAJARALI M.E SCHOOL. (AMALGAMATED)

14: KABITA SAIKIA D/O- LATE JIBESWAR SAIKIA R/O-VILL- BORPANIGAON P.O- BORPANIGAON PIN- 782141 DISTRICT- NAGAON ASSAM HEAD MASTER OF SOUDBHOLANATH BARUAH ADARSHA L.P SCHOOL

15: DHIREN SARMAH S/O- LATE TILOK CH. SARMAH R/O- VILL- TELIAGAON P.O- TELIAGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 450 NO. GEREKI L.P SCHOOL.

16: GAKUL CH. HIRA S/O- LATE MOHIRAM HIRA R/O-VILL- NIZKHATOWAL P.O- BORANGATOLI PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BALIJURI GRANT L.P SCHOOL.

17: JAGOT BORA S/O- LATE BONGSHI BORA R/O-VILL- PANIKHOWASUK P.O- BORANGATOLE PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF PUTANIMUKTAB SCHOOL

18: POBITRA KR. BORA S/O- LATE TIKHAR CH. BORAH R/O-VILL- BORPANIGAON P.O- BORPANIGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 57 NO. LATAIMARI L.P SCHOOL.

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19: BHUPEN PATHAK S/O- LATE DHANI PATHAK R/O-VILL- BORPANIGAON P.O- BORPANIGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 543 NO. RUPAHITWON M.K.B SCHOOL

20: KABITA HAZARIKA D/O- LATE PRAFULLA HAZARIKA R/O-VILL- BORUAH CHOOK P.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 81 NO. POHUKATAPAMIGAON L.P SCHOOL

21: PRABHAT CH. BORA D/O- LT. THANURAM BORAVILL- BHELAGURI P.O BHELAGURI PIN- 782140 DISTRICT- NAGAON ASSAM HEAD MASTER OF BHAKOT GAON LP SCHOOL

22: INDIRA MEDHI DAS D/O- LT. PROBIN DAS VILL- BARBHATI P.O- BORANGSTOLI PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF MADHYA GAREMATIKHOWAMUKTUB.

23: RAJLAKHI GOSWAMI D/O- SRI KANU GOSWAMI VILL- P.O- PIN-782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF UDMARI HIGH SCHOOL. (AMALGAMATED)

24: MAMONI BORA

D/O- SISU RAM BORAVILL- HALOWGAONP.O- MISSA PIN- 782138 DISTRICT- NAGAON ASSAM. ASSISTANT TEACHER OF 145 NO. MISSA LP SCHOOL.

25: PURNA SAIKIA S/O- LT. BOPA RAM SAIKIAVILL- SIBASTHANP.O- SIBASTHANPIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SINGARI MEM SCHOOL. (AMALGAMATED)

26: IMAM HUSSAIN S/O- LATE MOSROF ALI HAZARIKAVILL- PALASHANIP.O- PALASHANI PIN- 782003 DISTRICT- NAGAON Page No.# 5/12

ASSAM ASSISTANT TEACHER OFOWANA L.P SCHOOL.

27: ROSID UDDIN AHMED S/O- SOFI UDDIN AHMED VILL- MISSAP.O- MISSA PIN- 782138 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SIALIKHAITIL.P SCHOOL

28: TIKEN BAIRAGI S/O- ATUL CH. BAIRAGIVILL- KHOUNDAR CHOOK P.O- PURANIGUDAMPIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF RUPAHI ME SCHOOL.(AMALGAMATED)

29: HEMA PRABHA CHOWDHURY D/O- LT. JATIN CH. CHOWDHURY VILL- TOWN TELIA PANIGAONP.O- ITACHALIPIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF RANGAGORAHBOSTIL.P SCHOOL.

30: DIPU KALITA S/O- LT. GOPAL CH KALITAVILL-HEMARBORI P.O- BORANGOTOLI PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF RUPAHI ME SCHOOL.(AMALGAMATED)

31: RAFIQUL ISLAM S/O- LT. ABDUL KARIM VILL- BORANGOTOLIP.O- BORGHATPIN- 782125 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF RUPAHI ME SCHOOL.(AMALGAMATED)

32: KRISNA KT. BORA S/O- LT. MOTI RAM BORA VILL- BRAHMACHARI SATRAP.O- TELIA GAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF ALHAJ NURUL HUSSAIN HIGH MADRASSA.

(AMALGAMATED)

33: DIPAK KR. BORA S/O- LT. BHUMI KANTA BORA VILL- MAHAGRIATIP.O- KAMRUPPIN- 782426 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 702 NO. KACHARI GAON L.P SCHOOL.

34: NIRMALI BORA D/O- LATE KHIRESWAR BORA VILL- BAMUNIP.OBAMUNIPIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SINGIA POTANI MV SCHOOL

35: KASHMIRI DOLOI D/O- SRI KUMUDSWARDOLOIVILL- BAMUNIP.O- BAMUNIPIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SWHID ANIL BORA GIRL/S HIGH Page No.# 6/12

SCHOOL KACHALUKHUA (AMALGAMATED)

36: BHARATI KAKATI BHUYAN D/O- LT. KHEMESWARKAKATIVILL- BHOTAIGAONP.O- URIAGAONPIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF URIAGAON GIRL/S MV SCHOOL.

37: MINATI BORA D/O- LATE ADHAN CH. BORAVILL- CHAKARIGAON P.O- DIMORUGURIPIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF CHAKARIGAON MV SCHOOL.

38: NILIMA TAMULI SAIKIA D/O- LATE MADAN CH. TAMULIVILL- KARAIYANIHENGULI CHUK P.O- POLASONIPIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF CHAKARIGAON MV SCHOOL.

39: KASIMUDDIN AHMED S/O- LATE HANIF AHMEDVILL- MAJGAON P.O- PURANIGUDAMPIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SASHI KANTA BARUAH ME SCHOOL.

40: ANIL BODO S/O- SRI ROBIN BODO VILL- HALWAGAON P.O- MISSA PIN- 782138 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SONARIBALIL.P SCHOOL.

41: NUKUL CH. RABHA S/O- LATE DINESH CH. RABHA VILL- SHAMAGURI GRANT P.O- SHAMAGURI PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SHASHI KANTA BORAH ME SCHOOL

42: AKHTAR ZAMAN HAZARIKA S/O- LATENAKIBUZ ZAMAN HAZARIKAVILL- PURANIGUDAM P.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF HAMPLUIJUREL.P SCHOOL.

43: RATAN CH. BARMAN S/O- SRI AMULYA CH. BARMAN VILL- GATANGA P.O- RANGARAPIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KORAIGURI MV SCHOOL

44: PURABI BAIRAGI

D/O- LATE BHUJENBAIRAGIVILL- GAYANBAIRAGI GAON P.O- PURANIGUDAMPIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SAMAGURI PURNIMA SAIKIA HIGH SCHOOL.(AMALGAMATED) Page No.# 7/12

45: DIPALI BORA D/O- LATE BIHU RAM BORA VILL- CHAKARIGAON P.O- DIMARUGURI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BORBHATIHIGH SCHOOL. (AMALGAMATED)

46: LALITA BORA D/O- MAHESWAR BORAH VILL- PHUKANTOOLP.O- SAMAGURIPIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BILPAR LP SCHOOL

47: ANJALI GOSWAMI D/O- LATE NANDESWER GOSWAMI VILL- BAKULTOLL P.O- BORANGATOLI PIN-782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 14 NO. KHOTOWAL LP SCHOOL

48: BIRSHA MUNDA S/O- LATE SARA MUNDA VILL- BAMUNIP.O- JAKHALABANDHAPIN- 782136 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF NAPANIL.P SCHOOL.

49: TRISHNAMONI KALITA D/O- LATE KHARGESWARKALITAVILL- TOWN TELIYAGAONP.O- ITACHALIPIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF PUKHURIPAR D.B L.P SCHOOL.

50: RAM SHYAM DAS S/O- LATE NIRMAL CH. DAS VILL- SUKATIPUTAP.O- TULASHIMUKHPIN- 782101 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF RANGAGALU URIA GRANT L.P SCHOOL.

51: KALPANA BORAH D/O- LATE HARAN CH. BORAH VILL-NORTH HAIBARGAONP.O- HAIBARGAONPIN- 782002 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF HUZKAIBARTA GAON L.P SCHOOL.

52: TARULATA DEVI D/O- LATE KUNJA SHARMA VILL- FOUZDARI PATTY P.O- NAGAON PIN- 782001 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 2 NO. TOWN PANIGAONMUKTUBSCHOOL.

53: HARI PRIYA HAZARIKA D/O- LATE JOGESWAR HAZARIKA VILL- HAIBURGAONP.O- HAIBURGAONPIN- 782002 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF HUZGAONNIMNABUNIADIL.P SCHOOL Page No.# 8/12

54: KATHA ACHARJEE D/O- LATE PRAYALLAACHARJEEVILL- PANIGAONP.O- ITACHALIPIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF CHOKITOP ME SCHOOL. (AMALGAMATED)

55: BANTI BORA D/O- KHIRA KANTA BORA VILL- KASHARIGAONP.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KAYMARI H.S SCHOOL. (AMALGAMATED)

56: AKANTI BORAH D/O- LATE SOMESWAR BORAH VILL- EST. AMOLAPATTI P.O-ITASALI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF AMLOKHI H.S SCHOOL.

57: BULBUL BORAH

D/O- SRI KHIRAKANTA BORAHVILL- MIKIRAHAT HATIRGAON P.O-SINGIA PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 658 NO. SINGIA PRACTICING L.P SCHOOL.

58: MD. YEAKUB ALI S/O- ASOM UDDIN VILL- SOLMARIP.O-MAGURMARI PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KAOIMARI H.S SCHOOL. (AMALGAMATED)

59: ALIMA HAZARIKA D/O- SRI. MOHIT CH. HAZARIKAVILL- SINGIA KUMAR GAONP.O-SINGIA PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF AAMLOKHI H.S SCHOOL. (AMALGAMATED)

60: LILY BORAH D/O- SRI. LILA DHAR BORAHVILL-MAJPATHRI P.O-MAJPATHRI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF AMLOKHI H.S SCHOOL. (AMALGAMATED

VERSUS

THE STATE OF ASSAM AND 7 ORS.

THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT. DISPUR, GUWAHATI-06.

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2:THE STATE OF ASSAM

THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-06.

3:THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM

FINANCE DEPARTMENT. DISPUR GUWAHATI-06.

4:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT. DISPUR GUWAHATI-06.

5:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

6:THE DISTRICT ELEMENTARY EDUCATION OFFICER

NAGAON P.O AND DISTRICT- NAGAON ASSAM 782001

7:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE PO AND DISTRICT- NAGAON ASSAM 782001.

8:THE DEPUTY INSPECTOR OF SCHOOLS NAGAON P.O. AND DISTRICT- NAGAON ASSAM PIN-782001

Advocate for the Petitioner : MR. S C BISWAS

Advocate for the Respondent : SC, ELEM. EDU

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA Page No.# 10/12

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.

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 Page No.# 11/12

discernible 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.

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.

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JUDGE

Comparing Assistant