Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 7 Ors on 19 May, 2022
Page No.# 1/7
GAHC010057782022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2168/2022
HANIF UDDIN MONDAL AND 8 ORS
ASSTT. TEACHER OF MAYERCHAR HIGH SCHOOL,
S/O LATE SHAHAB UDDIN MONDAL,
VILLAGE- MAYERCHAR PART VII (BAGHPARA),
P.O. NAYERALGA,
DISTRICT- DHUBRI, ASSAM
2: SYED ASGAR ALI AHMED
ASSTT. TEACHER OF GUTIPARA HIGH SCHOOL
S/O SYED ABDUL HAMID SARKAR
VILLAGE- GUTIPARA PART III
P.O. GUTIPARA
DISTRICT- DHUBRI
ASSAM
3: MONIR UDDIN AHMED
ASSTT. TEACHER OF NAYERALGA HS SCHOOL
S/O LATE FAZLUR RAHMAN
VILLAGE- NAYERALGA PART III
P.O. NAYERALGA
DISTRICT- DHUBRI
ASSAM
4: JAHAN UDDIN SHEIKH
ASSTT. TEACHER
BUCHIRCHAR ME MADRASSA
Page No.# 2/7
S/O ABDUL AZIZ SHEIKH
VILLAGE- SAGUNMARI PART III
P.O. BILASHIPARA
DISTRICT- DHUBRI
ASSAM
5: MOBAROK ALI HOQUE
ASSTT.TEACHER
PUB NAYERALGA ME MADRASSA
S/O ABDUL MOZID
VILLAGE- NAYERALGA PART II
P.O. NAYERALGA
DISTRICT- DHUBRI
ASSAM
6: SUBAR UDDIN SHEIKH
ASSTT.TEACHER
PUB NAYERALGA ME MADRASSA
S/O SAHEB ALI
VILLAGE- SOGUNMARI PART IV
P.O. BILASHIPARA
DISTRICT- DHUBRI
ASSAM
7: SOFIAR ROHMAN
ASSTT. TEACHER
SONTOSHPUR LP SCHOOL
S/O LATE NIZAM UDDIN SHEIKH
VILLAGE- KAMAR DIHI PART I
P.O. TILAPARA
DISTRICT- DHUBRI
ASSAM
8: SOHRAB ALI MONDAL
Page No.# 3/7
ASSTT. TEACHER
POHIPAR LP SCHOOL
S/O SUKKUR ALI MONDAL
VILLAGE- MAYERCHAR PART VI
P.O. NAYERALGA
DISTRICT- DHUBRI
ASSAM
9: ABDUL JABBAR
ASSTT. TEACHER
SADHURCHAR LP SCHOOL
S/O ABDUL KUDDUS
VILLAGE- SUAPATA PART IV
P.O. SUAPATA
DISTRICT- DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT,
DISPUR, GUWAHATI- 781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPARTMENT
DISPUR
GUWAHATI- 781006
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI- 781006
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
Page No.# 4/7
KAHILIPARA
GUWAHATI- 781019
6:THE INSPECTOR OF SCHOOLS
DHUBRI DISTRICT CIRCLE
DHUBRI
P.O. AND DISTRICT- DHUBRI
ASSAM. PIN- 783301
7:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DHUBRI
P.O. AND DISTRICT- DHUBRI
ASSAM. PIN- 783301
8:THE DEPUTY INSPECTOR OF SCHOOLS
BILASHIPARA CIRCLE
P.O. BILASHIPARA
DISTRICT- DHUBRI
ASSAM.
PIN- 78334
Advocate for the Petitioner : MR. D A KAIYUM
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 19.5.2022
Heard Mr. D. A. Kayum, learned counsel for the petitioners. Also heard Mr. R.
Borpujari, learned Standing counsel, Finance department and Mr. U. Sarma,
learned Standing Counsel, Secondary Education Department.
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.
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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 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
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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
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Scheme, as the case may be.
9. For completion of such exercise, the petitioner shall furnish a copy of the
order passed today along with a copy of the writ petition before the Addl. Chief
Secretary, Finance Department within a period of 15 days from today. On
receipt of such documents and order, the competent authority shall determine
the issue as aforesaid within a period of three months thereafter. The
respondent shall intimate the outcome of such determination to the petitioner.
10. Writ petition stands disposed of.
JUDGE
Comparing Assistant
