Jogeswar Likson vs The State Of Assam And 6 Ors
2024 Latest Caselaw 219 Gua

Gauhati High Court

Jogeswar Likson vs The State Of Assam And 6 Ors on 12 January, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                Page No.# 1/5

GAHC010001212024




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

                          Case No. : WP(C)/58/2024

         JOGESWAR LIKSON
         S/O LATE KHAGENDRA LIKSON, R/O VILL-PURONI JABOKA GAON, P.O.-
         OWGURI SHYAM, P.S.-SONARI, DIST-CHARAIDEO, ASSAM, PIN-785692



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI, PIN-781006

         2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI
          PIN-781006

         3:THE DIRECTOR OF PENSION AND PUBLIC GRIEVANCE
          GOVERNMENT OF ASSAM
          HOUSEFED COMPLEX
          GUWAHATI
          PIN-781006

         4:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI
          PIN-781019

         5:THE ACOUNTANT GENERAL (A AND E)
         ASSAM
          MAIDAMGAON
          BELTOLA
                                                                         Page No.# 2/5

             GUWAHATI
             DIST-KAMRUP (M)
             ASSAM
             PIN-781029

            6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             DIST-SIVASAGAR
            ASSAM
             PIN-785640

            7:THE DEPUTY INSPECTOR OF SCHOOLS
             CHARAIDEO
             SONARI
             DIST-CHARAIDEO
            ASSAM
             PIN-78569

Advocate for the Petitioner   : MR. M KALITA

Advocate for the Respondent : SC, ELEM. EDU




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

12.01.2024 Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. P.N. Sharma, learned Standing Counsel, Elementary Education for the respondents No. 1, 2, 6 & 7; Mr. A. Ahmed, learned Standing Counsel for the respondent No. 5; Mr. G. Pegu, learned Addl. Sr. Government Advocate for the respondent No. 3 and Mr. A. Chaliha, learned Standing Counsel, Finance.

2. It is submitted that the issue involved in this matter is with regard to grant of Old Pension Scheme to the petitioner who was Stipendiary Teacher at Lalotipather L.P. School. As the issue involved is covered by Judgment of this Court in the case of Purnima Hore and Anr. Vs. State of Assam reported in 2023 SCC Online Gau 1165, the present writ petition is taken up for disposal at the Page No.# 3/5

motion stage.

3. The petitioner was appointed as a Stipendary Teacher in Lalotipather L.P. School by order dated 04.04.1995 under memo No. DISC/84/95/9993-20323 issued by the Deputy Inspector of Schools, Charaideo, namely, respondent No. 7 therein. The petitioner was initially granted a stipend of Rs. 900/- per month with effect from the date of his joining. In the said appointment order, the petitioner as required, was deputed to undergo the Assam Junior Basic Training Examination for the year 2003-2004 at the Basic Training Centre, Sonari. The

petitioner thereafter completed the 8 th Months Primary Teachers Training Course Final Examination held in the month of December, 2003 under Roll No. Sonari

13. It is stated that on 14.06.2004 by order No. DISC/EST/01-02/6998-102 issued by the Deputy Inspector of Schools, the services of the petitioner as Stipendiary Teacher was normalized with effect from 01.04.2003. It is submitted that with effect from 05.03.2004, the petitioner has been allowed to draw regular scale of pay of Rs. 3130/- to Rs. 6000/- and other Govt. admissible allowances with effect from the said date. It is submitted that the petitioner thereafter was receiving the regular scale of pay along with all revision and pay fixation as payable. His service book was opened and contributions were made as per norms and procedure in the petitioner's GPF account. The petitioner claims to be receiving his salary upto February, 2012 but thereafter he did not receive his monthly salary till his date of superannuation which is 30.06.2020 inspite of discharging his duties regularly. The petitioner claims to approach the competent authority for release of regular pension but no steps have been taken towards release of his pensionary papers. The petitioner claims that he fulfills the condition of qualifying service under Rule 31 of the Assam Pension Rules, 1969, however inspite of his eligibility, the petitioner has not been Page No.# 4/5

granted his due pension.

4. This Court in the case of Purnima Hore(supra) held that the teachers who come within the fold of Stipendiary Teachers are entitled to the benefit under the Rules of 1969 and they are not covered under the New Defined Contributory Pension Scheme, 2009. It was also held that those teachers would also be entitled to subscribe to the GPF and would also be entitled to all other pensionary benefits to which a Govt. servant of corresponding rank is entitled to. This Court further finds it relevant to refer to paragraph 123(x) whereby a direction was issued to the respondent authorities to grant the benefit of pension in terms with the Rules of 1969 as well as allow such persons to subscribe to the fund in terms with the General Provident Fund (Assam Service) Rules,1937 after completing necessary verification in that regard. Sub-Paragraph

(x) of 123 of the judgment in the case of Purnima Hore(supra) is reproduced herein under :

"123(x) This Court further is of the opinion that the persons similarly situated to that the writ petitioners coming within the category of Stipendiary Teachers, but who have not been able to approach this Court on account of various reasons need not be deprived of the benefits of pension in terms with the Rules of 1969 as well as to subscribe to the fund in terms with General Provident Fund (Assam Service) Rules, 1937. This Court, therefore, directs the respondent authorities to grant the benefits of pension in terms with the Rules of 1969 as well as to allow such persons to subscribe to the fund in terms with the General Provident Fund (Assam Service) Rules, 1937 after completing the necessary verification in that regard. The same may be done within a period of 6 (six) months from the date of the instant judgment."

5. Taking into account the above, this Court also finds that the said judgment would be squarely applicable in the case of the petitioner, however subject to verification to be undertaken by the respondent No. 1.

Page No.# 5/5

6. Accordingly, this Court disposes off the writ petition thereby directing the respondent authorities to verify the documents as regards the appointment of the petitioner as Stipendiary Teacher which has to be prior to 05.03.2004 and thereupon after making necessary verifications, if it is found that the petitioner falls within the ambit of the Stipendiary Teacher and was not granted the benefit of the pension under the Rules of 1969 although the regular scale of pay was given to him after 05.03.2004, the petitioner should be granted the benefits of the pension in terms with the Rules of 1969 and if not otherwise in contravention of the service and other Rules governing the Service conditions of the petitioner. The same may be done within a period of 120 days (One Hundred Twenty days) from the date of receipt of a certified copy of this order alongwith the necessary documents evidencing that the petitioner is Stipendiary Teacher who was appointed prior to 05.03.2004 are submitted to the respondent No. 1.

7. While granting the benefits to the petitioner, if so entitled under the Rules of 1969, the amounts which have been paid by the Government in terms of NDCPS, 2009 be deducted while granting the benefits. Accordingly, the respondent authorities while granting the benefits of Old Pension Scheme to the petitioners if found to be entitled shall deduct the said amount so paid by the Government in terms with the NDCPS, 2009.

8. With the aforesaid observations and directions, this writ petition stands disposed of.

JUDGE

Comparing Assistant