Page No.# 1/14 vs The State Of Assam And 7 Ors
2021 Latest Caselaw 1312 Gua

Page No.# 1/14

GAHC010057622021

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

Case No. : WP(C)/2396/2021

APURBA JYOTI SAIKIA AND 54 ORS. S/O- SRI MANIK CH. SAIKIA, VILL- CHALCHALI BIRAHIGAON, P.O- HALOWAGAON, PIN- 782141, DISTRICT- NAGAON, ASSAM ASSISTANT TEACHER OF RUPAHI M.V SCHOOL.

2: BHUPEN SARMAH S/O- LATE LOHIT CH. SARMAH VILL- BARHAMPUR HAZARIKA CHOUK P.O- BARHAMPUR PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SREEMANTA SANKAR MISSION BLIND HIGH SCHOOL. (AMALAMATED)

3: BANDANA BORA

D/O- SRI BHUBAN CH. BORAH VILL- PALASHONI P.O- PALASHONI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF HATIONIBHATA L.P SCHOOL.

4: KIRON BORAH D/O- LATE NARAM BORAH VILL- BAIDYATUP P.O- MADHUPUR PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF JAGIAL GIRLS HIGH SCHOOL. (AMALAMATED).

5: DIPEN CH. GAYON S/O- LATE PUNARAM GAYON Page No.# 2/14

VILL- MURHANI P.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF RUPAHI M.V SCHOOL.

6: SIMANTA SARMAH S/O- LATE TILOK SARMAH VILL- KATHIATOLI KACHARIGAON P.O- KATHIATOLI PIN- 782427 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF PUTHIMARI ANCHALIK HIGH SCHOOL. (AMALAMATED)

7: DIPA BORAH D/O- LATE PABITRA BORAH VILL- SINGIA KEKURACHUK P.O- SINGIA PIN- 782140 DISTRICT- NAGAON HEAD MASTER OF SAMAGURI PRACTICING L.P SCHOOL.

8: JUTHIKA GAYON D/O- SRI DIGENDRA NATH GAYON VILL- GAYON BOIRAGIGAON P.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SRI SRI PITAMBAR DEV GOSWAMI HIGH SCHOOL. (AMALAMATED)

9: MOBIDUR RAHMAN S/O- LATE SUNA ALI VILL- NOTUN PANIGAON P.O- ITACHALI PIN- 782003 DISTRICT- NAGAON HEAD MASTER OF HATIONIBHATA L.P SCHOOL

10: RANJIT DAS S/O- LATE TIKHAR DAS VILL- POHUKATA PANIGAON P.O- BARPANIGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KALONGPAR HALOWAGAON M.E SCHOOL Page No.# 3/14

11: BONTI BARUAH GOSWAMI D/O- MINARAM BORUAH VILL- PANIGAON P.O- ITACHALI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF MORIKALONG HIGH SCHOOL. (AMALGAMATED)

12: CHARU SAIKIA LEKHARU D/O- BHABEN SAIKIA VILL- UTTAR HAIBORGAON P.O- HOIBORGAON PIN- 782001 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF MORIKALONG HIGH SCHOOL. (AMALGAMATED)

13: SAIKAT GHOSH S/O- LATE SAILENDRA GHOSE VILL- JEAJURI P.O- CHAPANALA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KALIBASTI L.P SCHOOL.

14: DIPAMONI SAIKIA D/O- TIKEN SAIKIA VILL- UTTAR HAIBORGAON P.O- HAIBORGAON PIN- 782002 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF HOIBORGAON HIGH SCHOOL. (AMALGAMATED)

15: RUPALI SAIKIA D/O- KAMAL SAIKIA VILL- KASHARIGAON P.O- KASHARIGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF TELIA PANIGAON L.P SCHOOL.

16: AJOY GHOSE S/O- SAILENDRA GHOSE VILL- JIAJURI P.O- CHAPANALA Page No.# 4/14

PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF CHAPANALA HIGHER SECONDARY SCHOOL. (AMALGAMATED)

17: DHIRAMONI DAS

S/O- TILENDRA NATH DAS VILL- CHOTAHOIBAR P.O- CHOTAHOIBAR PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF MARIKOLONG HIGH SCHOOL. (AMALGAMATED)

18: GUBIN CH. GOGOI

S/O- NARENDRA NATH GOGOA VILL- KUNWARICHUK P.O- NIBUKALI PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF NABAYOTI L.P SCHOOL.

19: KRIPUSH DAS S/O- LATE KUMUDRANJAN DAS VILL- CHAPANALA P.O- CHAPANALA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF MATIAPARBAT L.P SCHOOL.

20: MAHENDRA BORAH S/O- LATE TILAK CH. BORAH VILL- BARACHUK P.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF CHALCHALI GIRLS M.V SCHOOL.

21: SALMON D. SIRA S/O- LATE SIMON D. SIRA VILL- SARMUNG P.O- KATHALGURI PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF UTTAR BORGHAT L.P SCHOOL.

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22: LAKHIDAR BORA S/O- LATE HARESWAR BORA VILL- UTTAR BORGHAT P.O- CHAPANALA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF UTTAR BORGHAT L.P SCHOOL.

23: DIBAKAR SAIKIA S/O- SRI NARAKANTA SAIKIA VILL- DEURIGAON P.O- HALUWAGAON PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF GERUATI HIGH SCHOOL.

24: NAMAI HANDIQUE S/O- BONAMALI HANDIQUE VILL- BARSUNGJAR P.O- CHAPANALA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF S.S.P.D.G HIGH SCHOOL. (AMALGAMATED)

25: BASANTA BORAH S/O- JATIN BORAH VILL- GARACHUK P.O- CHAPANALU PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 810 NO. HABI BOSTI L.P SCHOOL.

26: NABIN CH. GOGOI S/O- LATE MOHAN CH. GOGOI VILL- KOWRICHUK P.O- KANDOLI PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 403 NO. KONDOLI DARANGIAL L.P SCHOOL.

27: MAHIRAM SAIKIA S/O- LATE DHANIRAM SAIKIA VILL- NAPAMUA P.O- NIBUKALI PIN- 782102 DISTRICT- NAGAON Page No.# 6/14

ASSAM ASSISTANT TEACHER OF RANGALOO GRANT L.P SCHOOL.

28: MRIDUL GOSWAMI S/O- DAMBARUDHAR GOSWAMI VILL- ALENGI SATRA P.O- SENCHOWA PIN- 782002 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF JAMAGURI BAPUJI HIGH SCHOOL.

29: RITUMONI HAZARIKA D/O- PHULESWAR HAZARIKA VILL- MORIKOLONG BENGENATI P.O- CHOTA HAIBAR PIN- 782003 DISTRICT- NAGAON HEAD MASTER OF 260 NO. MORIKALONG B. ATI L.P SCHOOL.

30: BIREN KUMAR BISWAS S/O- LATE NAREN CH. BISWAS VILL- 2 NO. SUTA KONDOLI GRANT P.O- NIBUKALI PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF AHUTOLI L.P SCHOOL.

31: KUMUD CHANDRA GOGOI S/O- LATE BIJIA GOGOI VILL- KOWRICHUK P.O- NIBUKALI PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF TETARATI L.P SCHOOL.

32: JYOTIMONI KALITA C/O- TUWARAM KALITA VILL- HATIGAON P.O- PURANIGUDAM PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF GARUMARA M.E SCHOOL.

33: UMESH DEKA S/O- LATE KANAK DEKA VILL- SIMALUGURI P.O- KACHARMARI PIN- 782002 DISTRICT- NAGAON Page No.# 7/14

ASSAM ASSISTANT TEACHER OF BAMUNGAON TRIBAL L.P SCHOOL.

34: PROMOD SARMAH S/O- KALAM SARMAH VILL- SINGIAPUTANI TALIAGAON P.O- BIHARIGAON PIN- 782101 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KAMALA NEHRU GIRLS HIGH SCHOOL. (AMALGAMATED)

35: PAHARI SAIKIA S/O- BHABEN SAIKIA VILL- BORKOLA P.O- BORKOLA PIN- 782144 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BORBHETI M.E SCHOOL

36: DIPANDITA BOIRAGI D/O- LATE PHANIDHAR BOIRAGI VILL- MOURACHUK P.O- CHALCHALI PIN- 782141 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SAMAGURI PURNIMA SAIKIA HIGH SCHOOL. (AMALGAMATED)

37: HABIZUDDIN AHMED S/O- ALI ULLAH VILL- BATAMARI P.O- BATAMARI PIN- 782122 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF BARBHETI BALIKA U.M BIDYALAYA SCHOOL.

38: MOUSUMI TANTI D/O- CHABI TANTI VILL- LOONGCOONG CHAMGAON P.O- CHAPANALA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF CHAPANALA HIGHER SECONDARY SCHOOL. (AMALGAMATED)

39: MUKTI PRASAD BORUAH S/O- LATE DEMBESWAR BORUAH Page No.# 8/14

VILL- BATADRAVA SARUHISA P.O- BATADRAVA PIN- 782122 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF NIZ TUKTUKI MUKTAB SCHOOL.

40: BHABEN CH. DAS S/O- GAHIN CH. DAS VILL- CHAKARIGAON P.O- TULASHIMUKH PIN- 782101 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF TELI ATI L.P SCHOOL.

41: RANJULA BORAH D/O- LATE GULUK CH. BORAH VILL- BHELUGURI P.O- BHELUGURI PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 654 NO. BRAHAMCHARI L.P SCHOOL.

42: DEBEN CH. DAS S/O- LATE MOHAN DAS VILL- GOSHAI GHAT P.O- TULSHAIMUKH PIN- 782101 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF GAREHAGI L.P SCHOOL.

43: SISURAM SAIKIA S/O- LATE UMARAM SAIKIA VILL- BIHARIGAON P.O- BIHARIGAON PIN- 782101 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF ANANTA KONDOLI HIGH SCHOOL. (AMALGAMATED)

44: SABITA BORDOLOI BHUYAN D/O- LATE GAZEN BORDOLOI VILL- KHUTIKATIA P.O- HOIBARGAON PIN- 782002 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF HUZGAON N.B BIDYALAYA SCHOOL.

45: LABONYA NEOG Page No.# 9/14

C/O- LATE DIMBESWAR NEOG VILL- SIBANAGAR P.O- ITACHALI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KARBI BLOCK KOKAIGAON SCHOOL.

46: PULIN CH. BORAH S/O- LATE KRISHNARAM BORAH VILL- SINGIA KEKURACHUK P.O- SINGIA PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF GERUATI HIGH SCHOOL. (AMALGAMATED)

47: JITU BORAH S/O- LATE MONIRAM BORAH VILL- BHAKATGAON P.O- BARHAMPUR PIN- 782102 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF KANDOLI BINAPANI M.E SCHOOL.

48: PANKAJ KR. BORAH S/O- LATE KRISHNARAM BORAH VILL- BEBEJIA P.O- BEBEJIA PIN- 782142 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF LACHIT BORPHUKAN M.E SCHOOL

49: BARNALI BHUYAN D/O- LATE BHOLA BHUYAN VILL- PANIGAON KALIBARI P.O- ITACHALI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF DIMORUGURI HIGH SCHOOL. (AMALGAMATED)

50: MRINALI BORA D/O- LATE MAHIDHAR BORA VILL- NASATRA P.O- AIBHETI PIN- 782002 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF AILAKSHMI ANCHALIK A.D. HIGH Page No.# 10/14

SCHOOL. (AMALGAMATED)

51: MINU SAIKIA D/O- LATE DANDIRAM SAIKIA VILL- SINGIA PATHAR CHUK P.O- SINGIA PIN- 782140 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF PHUKAN KHAT PRADIP L.P SCHOOL.

52: KABITA PHUKAN D/O- LATE DURLAV PHUKAN VILL- GARACHUK P.O- CHAPANALA PIN- 782135 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 21 NO. CHAPANALA L.P SCHOOL.

53: DHARANI HAZARIKA S/O- DURGESWAR HAZARIKA VILL- PUB AMULLAPATI P.O- ITACHALI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF SHAHID CHANDANSING HIGH SCHOOL. (AMALGAMATED)

54: PARTHA KUMAR SAIKIA S/O- LATE INDRA SAIKIA VILL- AMULLAPATI M.B ROAD P.O- ITACHALI PIN- 782003 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF 34 NO. DIPHAW TELIA PAHUKATA L.P SCHOOL.

55: RENU AGAMACHARYA W/O- SRI UPEN SARMAH VILL- MAJPATHARI P.O- MAJPATHARI PIN- 78201 DISTRICT- NAGAON ASSAM ASSISTANT TEACHER OF NIZ PATHAN L.P SCHOOL

VERSUS

THE STATE OF ASSAM AND 7 ORS. THROUGH Page No.# 11/14

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

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 B D DAS

Advocate for the Respondent : SC, ELEM. EDU Page No.# 12/14

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 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 Page No.# 13/14

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 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 Page No.# 14/14

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