Tileswar Borah vs The State Of Assam And 6 Ors
2024 Latest Caselaw 2981 Gua

Gauhati High Court

Tileswar Borah vs The State Of Assam And 6 Ors on 3 May, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

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GAHC010086022024




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

                          Case No. : WP(C)/2333/2024

         TILESWAR BORAH
         S/O- LATE BUDHESWAR BORAH, R/O- VILL.- BORAH GAON, P.O.
         CHATIONAGURI, P.S. SAPEKHATI, DIST. CHARAIDEO, ASSAM, PIN- 785692.



         VERSUS

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

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI
          PIN- 781006.

         3:THE DIRECTOR OF PENSION AND PUBLIC GRIEVANCES
          GOVT. OF ASSAM
          HOUSEFED COMPLEX
          GUWAHATI
          PIN- 781006.

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

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          DIST. SIVSAGAR
         ASSAM
          PIN- 785640.
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            6:THE DEPUTY INSPECTOR OF SCHOOLS
             CHARAIDEO
             SONARI
             DIST. CHARAIDEO
            ASSAM
             PIN- 785690.

            7:THE BLOCK ELEMENTARY EDUCATION OFFICER
             SAPEKHATI
             DIST. CHARAIDEO
            ASSAM
             PIN-785692

Advocate for the Petitioner   : MR. M KALITA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

03.05.2024 Heard Mr. J. Hatimuria, learned counsel for the petitioner. Also heard Mr. P.N. Sharma, learned Standing Counsel, Elementary Education and Mr. R. Borpujari, 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 No. 2 Kalakata Primary School.

3. The petitioner was appointed as a Stipendary Teacher in No. 2 Kalakata Primary School by order dated 17.02.1994 under memo No. DISC/84/94/12798- 13042 issued by the Deputy Inspector of Schools, Charaideo, namely, respondent No. 6 therein. The petitioner was initially granted a stipend of Rs. 900/- per month with effect from the date of his joining. In the said Page No.# 3/5

appointment order, the petitioner as required, was deputed to undergo the Primary Teacher's Training for the year 2003 at the District Institute of Education and Training, Sivasagar, Sonari. The petitioner thereafter completed the Primary Teacher's Training Final Examination held in the month of December, 2003 under Roll No. 51. Accordingly, 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 05.03.2004. 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 her monthly salary till his date of superannuation which is 31.01.2020 inspite of discharging her 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 her eligibility, the petitioner has not been 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 Page No.# 4/5

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.

6. As the issues involved in the matter are 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. Accordingly, this Court disposes of 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 her after Page No.# 5/5

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