Page No.# 1/6 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1517 Gua

                                                              Page No.# 1/6

GAHC010223322021




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

                             Case No. : WP(C)/187/2022

         ANIMA DEVI AND 14 ORS
         D/O LATE SADANANDA BOISHNAB, RESIDENT OF VILLAGE AMGURI, PO
         NORTH BOITAMARI, DIST BONGAIGAON, ASSAM, 783380

         2: SABITA MAHANTA
          DAUGHTER OF LATE DHARANI KANTA MAHANTA
         RESIDENT OF VILLAGE RAGHUNANDANPUR

         P.O. BOITAMARI
          DISTRICT BONGAIGAON
         (ASSAM)
          PIN NO. 783389.

         3: RAM KRISHNA NANDI
          SON OF LATE RADHESHYAM NANDI

         RESIDENT OF VILLAGE DUMURIA PART-1

         P.O. LENGTISINGHA
          DISTRICT BONGAIGAON
         (ASSAM)
          PIN NO. 783384

         4: ABDUL BARIK SHEIKH
          SON OF LATE JAFAR ALI SHEIKH

         RESIDENT OF VILLAGE NALDOBA
         P.O.
         BIDYAPUR
         DISTRICT BONGAIGAON (ASSAM)

         PIN NO. 783380.

         5: SMRITA DUTTA
                                  Page No.# 2/6

DAUGHTER OF KANAILAL DUTTA
RESIDENT OF
VILLAGE NORTH BONGAIGAON
WARD NO.13

P.O. BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783380.

6: HOR KUMAR BARMAN
 SON OF RAMESWAR BARMAN

RESIDENT OF VILLAGE BAMUNITILA
 P.O.
DHONTALA BAZAR
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783372.

7: JAKIR HUSSAIN
 SON OF REKIBUDDIN AHMED
 RESIDENT OF
VILLAGE DHANTOLA
 P.O. DHANTOLA BAZAR

DISTRICT BONGAIGAON (ASSAM)
 PIN NO.
783372.

8: ASHIS DAS
 SON OF
LATE SIBENDRA BIJAY DAS
 RESIDENT OF
VILLAGE NATUNPARA
 WARD NO.16
 P.O.
BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783380.

9: SIBU GHOSH
 SON OF DHIREN CHANDRA GHOSH
 RESIDENT OF
VILLAGE BONGAIGAON BHAKARNITA
WARD
NO.7
                                     Page No.# 3/6

P.O. BONGAIGAON
 DISTRICT
 BONGAIGAON (ASSAM)
 PIN NO. 783380

10: SAJAL DAS
 SON OF LATE JAGADISH CHANDRA DAS
 RESIDENT OF
VILLAGE NATUNPARA
 WARD NO.10
 P.O.
BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783380.

11: ANUBRATA MALLICK
 SON OF LATE RAMENDRA CHANDRA
MALLICK
 RESIDENT OF VILLAGE ABHAYAPURI
TOWN
 WARD NO.3 (BASANTIPARA)
P.O.
BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783384.

12: RUPEN KALITA
 SON OF PUREN KALITA
 RESIDENT OF VILLAGE
ABHAYAPURI
WARD NO. IV
 M.G.ROAD

P.O. BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783384

13: PRADIP KUMAR ARJYA
 SON OF HIRALAL ARJYA
 RESIDENT OF
VILLAGE KIRTAN PARA
 P.O. KIRTAN PARA

P.S. ABHAYA PURI
 DISTRICT BONGAIGAON
                                          Page No.# 4/6

(ASSAM)
 PIN NO. 783384

14: TULSHI BARMAN
 SON OF LATE DEBENDRA CHANDRA BARMAN

RESIDENT OF VILLAGE SALBAGAN
(GHOSHPARA)
 WARD NO.10
 P.O.
BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 783380

15: PARTHA PRATIM GHOSH
 SON OF LATE NARESH CHANDRA
GHOSH
 RESIDENT OF VILLAGE SALBAGAN
(GHOSHPARA)

WARD NO.10
 P.O.
BONGAIGAON
 DISTRICT BONGAIGAON
(ASSAM)
 PIN NO. 78338

VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY
THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION
(ELEMENTARY) DEPARTMENT, DISPUR,
GUWAHATI-6

2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
 KAHILIPARA
 GUWAHATI-19

3:THE DIRECTOR OF PENSION
 BANPHOOL NAGAR

BASISTHPUR
GUWAHATI
PIN NO. 781006
                                                                             Page No.# 5/6


            4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

             FINANCE DEPARTMENT
             DISPUR

            GUWAHATI-

Advocate for the Petitioner   : MR. S K DAS

Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

12.04.2023 Heard Mr. R. Karim, the learned counsel for the petitioners and Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department.

The petitioners herein who are 15 in numbers have challenged the Office Memorandum dated 06.10.2009 and further have sought for a declaration that they would come within the ambit of the Old Pension Scheme in terms with the Assam Services (Pension) Rules, 1969. The case of the petitioners herein is that they were initially appointed in the year 1993-1994 by the District Elementary Education Officer. However, subsequently it was found that the appointment of the petitioners was in excess of the sanctioned strength. Under such circumstances, the Government took a one time measure for the purpose of regularizing their services against the vacant sanctioned posts. In that process, the petitioners were brought within the fold of Government service on 30.01.2006 vide an order of regularization.

The learned counsel for the petitioners has submitted that he is yet to go through the judgment of this Court in the case of Purnima Hore & Another vs. The State of Assam & 3 Others dated 31.03.2.23 passed in WP()C Page No.# 6/6

No.6403/2021.

Accordingly, let the matter be again listed on 19.04.2023.

JUDGE

Comparing Assistant