Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 4 Ors on 17 February, 2021
Page No.# 1/3
GAHC010165692020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5032/2020
ABDUS SATTAR KHAN AND 2 ORS
S/O. LT. SHABAN ALI KHAN, R/O. CHOKIRBHITHA, P.O. BARPETA, DIST.
BARPETA, ASSAM, PIN-781352 (WORKING AS HINDI TEACHER IN CHENGA
H.S. SCHOOL).
2: MANTAZ ALI AHMED
S/O. MOFIZUDDIN AHMED
R/O. KATAJHAR GAON
P.O. KATAJHAR PATHAR
DIST. BAKSA
ASSAM
PIN-781315 (WORKING AS AND ASSTT. TEACHER IN DM. K.K. DAS
MEMORIAL GIRLS HIGH SCHOOL.
3: SAIFUDDIN AHMED
S/O. RAJ MAMUD
R/O. PULKIPARA
P.O. HOWLY
P.S. HOWLY
DIST. BARPETA
ASAM
PIN-781316 (WORKING AS HINDI TEACHER IN UTTAR BARPETA HIGH
SCHOOL)
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GUWAHATI-06.
2:THE SECRETARY
TO THE GOVT. OF ASSAM
FINANCE (BUDGET) DEPTT.
DISPUR
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GUWAHATI-06.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
DIST. BARPETA
ASSAM.
5:THE INSPECTOR OF SCHOOLS
BAKSA DISTRICT CIRCLE
DIST. BAKSA
ASSAM
Advocate for the Petitioner : MRS. K DEVI
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
17.02.2021
Heard Mrs. K Devi, learned counsel for the petitioners. Also heard Mr. B Gogoi, learned counsel
for the Finance Department, Government of Assam as well as Mr. SMT Chistie, learned counsel for the
Secondary Education Department, Government of Assam and Mr. P Nayak, learned counsel for the
authorities under the BTC.
The petitioners, who were dropped teachers were regularized in service in the year 2008. Mrs. K
Devi, learned counsel for the petitioner refers to an earlier judgment of this Court dated 01.09.2003 in
CRNo.1571/1998 (Jiban Chandra Deka and Others Vs. State of Assam and others) and other related
writ petitions wherein direction was issued that the dropped teachers be regularized in service
pursuant to a policy document dated 13.01.2003 of the Government of Assam. Although the judgment
of the Court is of the year 2003 and the policy document is also of the year 2003, but the fact remains
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is that in compliance thereof, the petitioners were regularized in the year 2008.
The Government of Assam in the Pension Department had introduced the New Defined
Contribution Pension Scheme as per the Government Office Memorandum dated 06.10.2009 which
provides that the same would be given effect from 01.02.2005. In the aforesaid circumstances, the
issue before the Court is as to whether the petitioners would be governed by the Assam Services
(Pension) Rules 1969 or they would be governed by the New Pension Scheme.
We have noticed that the requirement of the policy document as well as the judgment of this
Court was for regularizing the dropped teachers and it is the State authorities who had taken five
years to implement the same, resulting in the regularization having taken place in the year 2008.
The respondents to explain in their affidavit as to whether in the aforesaid circumstance the
petitioners would be governed by the Assam Services (Pension) Rules 1969 or they would be
governed by the New Pension Scheme which was notified in the year 2009 and given effect from
01.02.2005.
Issue notice, returnable by four weeks.
Extra copies of the writ petition be served on the learned counsel for the respondents as
indicated above within three days.
List after four weeks.
JUDGE
Comparing Assistant
