Mana Mohan Nath vs The State Of Assam And 4 Ors
2022 Latest Caselaw 2195 Gua

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GAHC010079412021




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

                         Case No. : WP(C)/3417/2021

         MANA MOHAN NATH
         S/O LATE KESHBOR NATH
         RESIDENT OF WASHLING, PO HAWAIPUR, PS KHERONI, DIST KARBI
         ANGLONG, ASSAM, 782481



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMMISSIONER AND SECRETARY
         (ELEMENTARY) EDUCATION DEPARTMENT, GOVT. OF ASSAM, DISPUR
         GUWAHATI 781006

         2:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPT. DISPUR
          GUWAHATI 781006

         3:PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
         FINANCE DEPT. DISPUR GUWAHATI 781006

         4:THE SECRETARY EDUCATION

          KARBI ANGLONG AUTONOMOUS COUNCIL
          DIPHU
          KARBI ANGLONG
          ASSAM 782460

         5:THE DEPUTY INSPECTOR OF SCHOOLS

          DIPHU
          HAMREN
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              KARBI ANGLONG
              ASSAM 78246

Advocate for the Petitioner     : MR. S CHAUHAN

Advocate for the Respondent : SC, ELEM. EDU




                                                BEFORE
                     HON'BLE MR. JUSTICE MANASH RANJAN PATHAK


                                                ORDER

24-06-2022

Heard Mr. S. Chauhan, learned counsel for the petitioner and Mr. P. N. Sarma, learned Standing counsel, Elementary Education Department for the respondent No. 1. Also heard Mr. B. Gogoi, learned Standing counsel, Finance Department for the respondent No. 2 and Ms. S. Kemprai, learned Standing counsel, KAAC for the respondent Nos. 3 to 5.

Petitioner was found to be a dropped teacher. Pursuant to the common judgment and order dated 21.06.2017 passed in WP(C) No. 2176/2013 where the present petitioner was the petitioner No. 2, service of the petitioner was regularized as dropped teacher in terms of the Judgment passed in the case of Jiban Chandra Deka and others and as per the terms and conditions of approval order under Memo No. IS/KADC/Apptt./2018/6184-89 dated 24.03.2018 of the State Government in the Elementary Education Department and the authorities in the Karbi Anglong District Circle, Diphu.

It is submitted by the petitioner that though he is a dropped teacher and regularized his service in terms of order of the Division Bench of this Hon'ble High Court passed in the case of Jiban Chandra Deka and others but the respondents are contemplating to bring him under the New Pension Scheme, 2005 though his past service should be counted for his pensionery benefit under the Assam Services (Pension) Rules, 1969. Hence, this writ petition.

Issue notice, returnable by 8 (eight) weeks.

As Mr. P. N. Sarma, learned Standing counsel, Elementary Education Department; Mr. B. Gogoi, learned Standing counsel, Finance Department and Ms. S. Kemprai, learned Standing counsel, KAAC have accepted the notices on behalf of the respondent Nos. 1; 2 and 3 to 5 respectively, no formal Page No.# 3/3

notice need to be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Sarma, learned Standing counsel, Elementary Education Department; Mr. Gogoi, learned Standing counsel, Finance Department and Ms. Kemprai, learned Standing counsel, KAAC on or before 27.06.2022 obtaining necessary acknowledgments from them in that regard.

List accordingly.

JUDGE

Comparing Assistant