Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 6 Ors on 12 May, 2023
Page No.# 1/6
GAHC010169712021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5506/2021
HEM KANTA PHUKAN AND 11 ORS
S/O LATE ROSHESHWAR PHUKAN, R/O VILL. MENCHA, P.O. LALUK, DIST.
LAKHIMPUR, ASSAM.
2: RAMNATH DAS
S/O LAKSHESWAR DAS
R/O VILL. BONGALMORA
SANTIPUR
P.O. BARALANGI
DIST. LAKHIMPUR
ASSAM.
3: CHENIMAI DAS
W/O LILA BHUMIJ
R/O VILL. CHAT
P.O. LAKHANABARI
DIST. LAKHIMPUR
ASSAM
4: SADANANDA DADHARA
S/O PRABHAT DADHARA
R/O VILL. AND P.O. SANTPUR
DIST. LAKHIMPUR
5: SONMONI DEORI
W/O RAJU DEORI
R/O VILL. AND P.O. BAHGARAH
DIST. LAKHIMPUR
ASSAM.
Page No.# 2/6
6: JINTIMONI BORAH
W/O TILAK NEOG
R/O WARD NO. 3
BIHPURIA
P.O BIHPURIA
DIST. LAKHIMPUR
ASSAM.
7: RAJIB PATHAK
S/O LATE LILAKANTA PATHAK
R/O VILL. SONARI BARI GAON
P.O. LATEKUPUKHURI
DIST. LAKHIMPUR
ASSAM.
8: IRANI HAZARIKA
W/O TANKESWAR HAZARIKA
R/O VILL. MORNOIGURI
P.O. DIKRONG
DIST. LAKHIMPUR
ASSAM.
9: MANJURANI DAS
W/O REBA DAS
R/O VILL. DAKUWA
P.O. DHALPUR
DIST. LAKHIMPUR
ASSAM.
10: BULU CHANDRA NATH
S/O LATE JUGESH CHANDRA NATH
R/O VILL. KATHANI MERBIL
P.O. MERBIL
DIST. LAKHIMPUR
ASSAM.
11: ASHIM BHUYAN
S/O LATE BAGIRAM BHUYAN
R/O GOPALPUR
P.O PHULBARI
DIST. LAKHIMPUR
ASSAM.
Page No.# 3/6
12: SANDIP GOPE
S/O LATE NANI GOPAL GOPE
R/O WARD NO. 4
BIHPURIA
P.O. BIHPURIA
DIST. LAKHIMPUR
ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, ELEMENTARY
EDUCATION DEPTT., DISPUR, GUWAHATI 781006
2:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI 781029
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE DIST. ELEMENTARY EDUCATION OFFICER
LAKHIMPUR
P.O. AND DIST. LAKHIMPUR
ASSAM
PIN 787001
5:THE DEPUTY INSPECTOR OF SCHOOLS
LAKHIMPUR
P.O. AND DIST. LAKHIMPUR
ASSAM
PIN 787001
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
BIHPURIA
P.O. BIHPURIA
DIST.LAKHIMPUR
ASSAM
PIN 784161
Page No.# 4/6
7:THE BLOCK ELEMENTARY EDUCATION OFFICER
NARAYANPUR
P.O. NARAYANPUR
DIST. LAHIMPUR
ASSAM
PIN 78416
Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : SC, AG
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 12.05.2023
Heard Mr. S. Islam, the learned counsel for the petitioners. Mr. P.N. Sarma,
the learned Standing Counsel appears on behalf of the respondent Nos. 1, 3, 4,
5, 6 & 7 and Ms. P. Swargiary, the learned Standing Counsel for the respondent
No. 2.
2. The instant writ petition has been filed by the petitioners claiming that
they are entitled to pension in terms with the Assam Service(Pension) Rules,
1969 as well as also entitled to subscribe to the GPF in terms with the General
Provident Fund (Assam Services) Rules, 1937.
3. The learned counsel appearing on behalf of the petitioners submits that
the case of the petitioners is squarely covered by the judgment of this Court in
the case of Purnima Hore and Ors. Vs. State of Assam reported in 2023
SCC Online Gau 1165 wherein this Court at paragraph No. 123 held that
those teachers who come within the fold of stipendiary teachers were entitled to
the benefits under the Assam Service (Pension) Rules. 1969 and they are not
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covered under the new pension scheme in terms with the New Defined
Contributory Pension Scheme, 2009. This Court further held in the said
judgment that such teachers would also be entitled to subscribe to the GPF.
Apart from that, this Court also held that such teachers would also be entitled to
other pensionary benefits to which a Government servant of corresponding rank
would be entitled to. The learned counsel further submitted that the petitioners
as would appear from a perusal of the Annexures-1 to the writ petition were
appointed on various dates as stipendiary teachers. Thereupon they completed
the Junior Basic Training as would appear from a perusal of Annexure-2 series
and they were given the regular scale of pay from 2007 onwards. Further to
that, the learned counsel also submitted that initially the petitioners had
subscribed to the GPF but subsequently in pursuance to an order issued by the
Director, Finance Budget Department to the Deputy Accountant General (PA)
dated 23/2/2010, the petitioners were not allowed to subscribe to the GPF. It is
under such circumstances, the petitioners therefore approached this Court
claiming the relief as sought for.
4. Upon perusal of the materials and hearing the learned counsel appearing
on behalf of the parties, this Court is of the opinion, that the case of the
petitioners is squarely covered by the judgment of this Court in the case of
Purnima Hore (supra).
5. Accordingly, the petitioners would be entitled to the benefits under the
Assam Service (Pension) Rules, 1969 and the petitioners are not covered under
the NCDPS, 2009. This Court further observes that the petitioner would be
entitled to subscribe to the GPF in terms with the General Provident Fund
(Assam Services) Rules 1937.
6. Taking into account the above declaration, this Court therefore disposes
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the instant writ petition thereby directing the Respondent Authorities to do the
needful so that the petitioners are granted the benefits of pension in terms with
the Assam Service (Pension) Rules of 1969 as well as the GPF in terms with the
General Provident Fund (Assam Services) Rules 1937.
7. This Court further makes it clear that in doing so the said authorities would
be at liberty to deduct such amounts so deposited by the State Government in
terms with the NCDPS, 2009.
8. With the above observations and directions, the instant writ petition stands
disposed off.
JUDGE
Comparing Assistant
