Gauhati High Court
Page No.# 1/14 vs The State Of Assam And 7 Ors on 5 April, 2021
Page No.# 1/14
GAHC010058032021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2406/2021
MAHBUBUR RAHMAN AND 58 ORS.
S/O- LATE MAKADDAS ALI, R/O-VILL- SABAJPUR, P.O- MURAJHAR, PIN-
782439 DISTRICT- HOJAI, ASSAM ASSISTANT TEACHER OF BURUNGATOLI
MEM SCHOOL, U. P.
2: ABDUR RAHMAN MOZUMDER
S/O LATE ROMZAN ALI MOZUMDAR
R/O- VILL- MATIKHOLA
P.O- AMBARI
PIN- 782445
DISTRICT - HOJAI
ASSAM ASSISTANT TEACHER OF PASCHIM HATIKHALI MKB L.P SCHOOL.
3: AMIN UDDIN CHOUDHURY
S/O- LATE ABDUL MALIK CHOUDHURY
R/O- VILL- DAKHIN DEBOSTHAN
P.O- DEBOSTHAN BAZAR PIN- 782481 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF MOUDONGA HIGH SCHOOL.
AMALGAMATED
4: ALTAB HUSSAIN
S/O- AKBOR ALI
R/O- VILL -OKSEKPATHER P.O- CHARING
PIN- 782439 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF BANDORMELA L.P SCHOOL.
5: KAMAL UDDIN CHOUDHURY
S/O- ASMAN ALI CHOUDHURY
R/O-VILL- NAGAYAPAM
P.O- JAMUNAMUKH
PIN- 782428 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF KANDHULIMARI L.P SCHOOL.
Page No.# 2/14
6: SHAMSUDDIN AHMED
S/O- SAFIQUR RAHMAN
R/O- VILL- DABAKA TOWN WARD NO.01
P.O- DABAKA
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF DABAKA MUKTAB L.P SCHOOL.
7: AFTAR UDDIN
S/O- LATE ABDUL MOTLIB
R/O-VILL- DOBOKA TOWN
P.O- DOBOKA
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF DOBOKA PATHER L.P SCHOOL
8: ILA DAS
C/O- LATE NRIPENDRA DAS
R/O-VILL- ERAKAPILI
P.O- JAMUNAMUKH
PIN- 782428 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF 430 NO. BALIRAMGAON L.P SCHOOL.
9: MONOWARA BEGUM
D/O- SIRAJ UDDIN
R/O-VILL- JUGIJAN
P.O- JUNGLE BLOCK
PIN- 782428
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF BINNAKANDI L.P SCHOOL.
10: HARI DAS SATNAMI
S/O- LATE GAYAT RAM SATNAMI
R/O-VILL- SARUPATHAR
P.O- RENGBENG
PIN- 782427 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF SARUPATHAR L.P SCHOOL.
11: SHIBANI RANI ACHARYYA
D/O- LATE CHITTA RANJAN ACHARYYA
R/O-VILL- MALJARI
P.O- JAMUNAMUKH
PIN- 782428 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF JAMUNAMUKH BENGALI L.P SCHOOL
12: MONUWARA BEGUM
D/O- LATE ABDUL GAFUR
R/O- VILL- PUB-JARUNI
P.O- KOROIGURI
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PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF KOROIGURI MUKTAB L.P SCHOOL.
13: NURJAHAN BEGUM
D/O- JAMIRUDDIN AHMED
R/O- VILL- BORJARI MAJGAON
P.O- JAMUNAMUKH
PIN- 782428 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF JAMUNAMUKH M.E MADRASSA
SCHOOL
14: NIRA MAI DEVI
C/O- GOBIN CHANDRA SHARMA
R/O- VILL- KAPILI KANGAON
P.O- JAMUNAMUKH
PIN- 782428 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF 274 NO. GARALI L.P SCHOOL
15: KAMAL UDDIN CHOUDHURY
S/O- ABDUL KHALIQUE CHOUDHURY
R/O- VILL- JUNGLE BLOCK
P.O- JUNGLE BLOCK
PIN- 782428 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF 337 NO. JUNGLE BLOCK L.P SCHOOL.
16: BAHARUL ISLAM CHOWDHURY
S/O- LATE NURUL ISLAM CHOUDHURY
R/O-VILL- SUTARGAON
P.O- DOBOKA
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF NILBAGAN MODEL H.S. SCHOOL.
AMALGAMATED
17: ABDUR ROHMAN CHOWDHURY
S/O- LATE ABU BOKKOR CHOWDHURY
R/O-VILL- CHANGMAJI
P.O- CHANGMAJI
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF NIZ DOBOKA L.P SCHOOL.
18: GIAS UDDIN BORBHUYAN
S/O- LATE TURFAN ALI BORBHUYAN
R/O-VILL- DOBOKA PATHER
P.O- DOBOKA
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF GOROIMARI INDIRA GANDHI L.P
SCHOOL.
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19: AFTAB UDDIN TALUKDAR
S/O- ABDUL LATIF TALUKDAR
R/O- VILL- KACHARI PARA
P.O- DOBOKA
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF KACHARI PARA MUKTAB L.P SCHOOL.
20: HABIBUR RAHMAN LASKAR
S/O- LATE ABDUL HAMID LASKAR
R/O-VILL- DOBOKA PATHAR
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF GANGGADISHA L.P SCHOOL.
21: ABDUL KUDDUS LASKAR
S/O- HAJI IRMAN ALI
VILL- MODERTOLI
P.O MODERTOLI
PIN- 782440 DISTRICT- HOJAI
ASSAM HEAD MASTER OF NIZ MODERTOLI LP SCHOOL
22: AZIZUR RAHMAN
S/O- ABDUR RAHMAN
VILL- BURIGAON P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF FIRUZA BALIKA L.P SCHOOL
23: AZIM UDDIN AHMED
S/O- HOBIBUR RAHMAN
VILL- CHANGMAJI
P.O- CHANGMAJI
PIN-782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF AMTOLA M.K.B
L.P SCHOOL
24: NOJIR AHMED
S/O- SHOYAB ALI
VILL- NOMATI
P.O- DOBOKA
PIN- 782440 DISTRICT- HOJAI
ASSAM. ASSISTANT TEACHER OF DOBOKA MUKTAB VIDYALAYA LP
SCHOOL
25: ABDUL KADIR
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S/O- KUTUB UDDIN
VILL- NOMATI
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF URDHAGAON M.E U.P SCHOOL.
(AMALGAMATED)
26: KULSUMA BEGUM
D/O- MONOHOR ALI
VILL- NILBAGAN
P.O- NILBAGAN
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF DAKHIN ISLAMNAGAR L.P SCHOOL.
27: ABDUR RAHIM BARBHUYAN
S/O- MUBARAK AHMED BARBHUYAN
VILL- NILBAGAN
P.O- NILBAGAN
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF NILBAGAN ADARSHA L.P SCHOOL.
28: KAMAL HUSSAIN CHOWDHURY
S/O- LATE ATAR ALI CHOWDHURY
VILL- MUBARAK BOSTI
P.O- NILBAGAN
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF UTTAR ASHI NAGAR L.P SCHOOL.
29: GIRIDHAR BAGLARI
S/O- JOGGURAM BAGLARI
VILL- BHOGIRAM GAON
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF BARJARANI AZAD L.P SCHOOL.
30: ARUP KUMAR ROY
S/O- LT. KRIPAMOY ROY
VILL- DOBOKA TOWN WARD NO.2
P.O- DOBOKA
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF JUNGLE BLOCK HIGH SCHOOL.
Page No.# 6/14
(AMALGAMATED)
31: ISMAIL ALI
S/O- AKIUR RAHMAN
VILL- ROWARPAR
P.O- KOROIGURI
PIN- 782440 DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF JAMUNANAGAR ME
U.P SCHOOL.
32: ABDUL HAFIZ
S/O- LT. HAFIZ RASHID AHMED
VILL- SAMORALI BAZAR
P.O- SAMORALI BAZAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF CHITALMARI M.E
U.P SCHOOL.
33: DILIP CHAKRABORTY
S/O- LATE SUDHANGSHU CHAKRABORTY
R/O- VILLAGE- HARULONGFAR GOVT. COLONY
P.O- LUMDING
PIN- 782447
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF B.M.B HIGH SCHOOL
(AMALGAMATED).
34: TAPANMOY BOSE
S/O- LATE HAREKRISHNA BOSE
R/O- VILLAGE- BIDHAN PALLY LUMDING
LUMDING
P.O- LUMDING
PIN- 782447
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF EAST LUMDING HIGH SCHOOL
(AMALGAMATED).
35: MANIKA CHAKRABORTY
D/O- LATE PRAFULLA CHAKRABORTY
P.O- LUMDING
PIN- 782447
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF B.M.B HIGH SCHOOL
(AMALGAMATED).
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36: BHABEN CH. DUTTA
S/O- LATE MANIRAM DUTTA
R/O- VILLAGE- BRICKFIELD COLONY LUMDING
P.O- LUMDING
PIN- 782447
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF LUMDING ASS. HIGH SCHOOL
(AMALGAMATED).
37: ISPHAQUL BARI CHOUDHURY
S/O- LATE FAIJUL BARI
R/O- VILLAGE- SABAJPUR
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF BURUNGATOLI MEM
U.P SCHOOL
38: AMINUL HUSSAIN
S/O- LATE AMIR ALI
R/O- VILLAGE- RUHINIPATHER
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF PODUMONI MEM
U.P SCHOOL
39: FARUK AHMED
S/O- LATE ABDUL MANNAN
R/O- VILLAGE- PODUMONI
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF UTTAR SABAJPUR L.P SCHOOL
40: PREM KANTA MEDHI
S/O- NAGENDRA MEDHI
R/O- VILLAGE- BALIRAM GAON
P.O- JAMUNAMUKH
PIN- 782428
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF PASCHIM JUGIJAN BENGALI
L.P SCHOOL
41: RAHENA BEGUM CHOWDHURY
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D/O- ABDUL HANNAN CHOUDHURY
R/O- VILLAGE- NOMATI
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF NIZ NOMATI MUKTAB L.P SCHOOL
42: ALKUMA BEGUM
D/O- AZIR UDDIN
R/O- VILLAGE- SAHARAN
P.O- JOYNAGAR
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF MOUDANGA HIGH SCHOOL.
(AMALGAMATED)
43: AZIZUR RAHMAN
S/O- SAIDUR RAHMAN
R/O- VILLAGE- MUBAROK BOSTI
P.O- NILBAGAN
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF UTTAR ASHINAGAR L.P SCHOOL
44: BHAGYABAN BORO
S/O- LATE KAMAL BORO
R/O- VILLAGE- MODERTOLI
P.O- MODERTOLI
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF BHELOWGURI ME SCHOOL.
45: SAMSUL HOQUE CHOWDHURY
S/O- LATE AKIB ALI CHOWDHURY
R/O- VILLAGE- DOBOKA PATHER
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF CHANGMAJI L.P SCHOOL
46: DIPAK KUMAR DEY
S/O- LATE NAGENDRA CHANDRA DEY
R/O- VILLAGE- BORPUKHURI
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF HATIKHALI NC VIDYALAYA SCHOOL
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47: NOZIBUL HOQUE
S/O- LATE TAYAB ALI
R/O- VILLAGE- BURIGAON
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF GHONIARPAR BONGAON L.P SCHOOL.
48: REJIA BEGUM
D/O- NISFOR ALI
R/O- VILLAGE- PODUMPUKHURI
P.O- KAPASHBARI
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF KAPASHBARI ME SCHOOL.
49: BHASKAR PATAR
S/O- LATE MONI RAM PATAR
R/O- VILLAGE- BURIGAON
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF URDHAGAON ME
U.P SCHOOL
50: MUJIBUR RAHMAN
S/O- LATE ASAB ALI
R/O- VILLAGE- NOMATI
P.O- DOBOKA
PIN- 782440
ASSISTANT TEACHER OF 920 NO. UDMARI
MKB
L.P SCHOOL.
51: MAHMAD HUSSAIN BORBHUYAN
S/O- LATE ABDUL LATIF
R/O- VILLAGE- DOBOKA PATHER
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF GANGADISHA L.P SCHOOL
52: ABDUR ROUF
S/O- HAJI MUSHAHID ALI
R/O- VILLAGE- SUTARPUR
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P.O- JOYNAGAR
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF SUTARPUR MUKTAB VIDYALAYA L.P
SCHOOL.
53: NIMAR ALI
S/O- LATE FAZAR ALI
R/O- VILLAGE- AMBARI
P.O- AMBARI
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF JMK PUMP NIGUM 2 NO. MKB
L.P SCHOOL.
54: BAHAR UDDIN TALUKDAR
S/O- ABDUL KARIM
R/O- VILLAGE- PUB- JAMUNAGAON
P.O- AMBARI
PIN- 782445
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF PUB- JAMUNAGAON NEW LPS SCHOOL
55: NAZMIN SULTANA CHOWDHURY
D/O- LATE SIRAJUL ISLAM CHOWDHURY
R/O- VILLAGE- RUHINIPATHER
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF OKSEK TRISHGHARI L.P.S SCHOOL
56: BEGUM NAZMA CHOUDHURY
D/O- LATE ABDUS SUBUR
R/O- VILLAGE- SABAJPUR
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF MOUDONGA HIGH SCHOOL
(AMALGAMATED)
57: ABDULLAH AHMED
S/O- LATE MUJAHID ALI
R/O- VILLAGE- RUHINI PATHER
P.O- MURAJHAR
PIN- 782439
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF DOKHIN NOWABIL MUKTAB L.P
SCHOOL.
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58: BURHAN UDDIN TALUKDAR
S/O- USTAR MIA TALUKDAR
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF DOBOKA M.E U.P SCHOOL
59: MARGIA BEGUM
D/O- SAYED ABDUL MANNAN
P.O- DOBOKA
PIN- 782440
DISTRICT- HOJAI
ASSAM ASSISTANT TEACHER OF NEHRU JAYANTI L.P SCHOOL
VERSUS
THE STATE OF ASSAM AND 7 ORS.
THROUGH
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPARTMENT. DISPUR, GUWAHATI-06.
2:THE STATE OF ASSAM
REPRESENTED BY 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
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HOJAI
P.O AND DISTRICT - HOJAI
ASSAM 782435.
7:THE INSPECTOR OF SCHOOLS
HOJAI DISTRICT CIRCLE
PO AND DISTRICT - HOJAI
ASSAM 782435.
8:THE DEPUTY INSPECTOR OF SCHOOLS
HOJAI
P.O. AND DISTRICT - HOJAI
ASSAM
PIN- 782435
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
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
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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.
8. The said issue was given a consideration by this Court in its judgment dated 12.04.2018 in
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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
