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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 19 December, 2025
Page No.# 1/5
GAHC010217742024
2025:GAU-AS:17742
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5982/2024
PHULESWARI DUTTA
W/O- LATE MAHENDRA DUTTA, ASSISTANT TEACHER, R/O- DHALPUR,
PO- DHALPUR, P.S. BIPURIAH, DIST. LAKHIMPUR, ASSAM, PIN- 784165
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY OF THE GOVT.
OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR,
GUWAHATI-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NORTH LAKHIMPUR
ASSAM
4:THE DI OF SCHOOLS
NORTH LAKHIMPUR
DIST.- NORTH LAKHIMPUR
ASSAM
5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF FINANCE
ASSAM CIVIL SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN- 781006
Page No.# 2/5
6:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI
ASSAM
PIN- 78100
Advocate for the Petitioner : MR. M ALOM, MR P K DAS,MR. M BARUAH
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
19.12.2025
Heard Mr. P. K. Das, learned counsel for the petitioner. Also heard Mr.
P.K. Borah, learned standing counsel for the respondent Nos. 1 to 4; Mr.
A. Chaliha, learned standing counsel for the respondent No. 5; and Ms. S.
Konwar, learned Government Advocate for the respondent No. 6.
2. In this petition, under Article 226 of the Constitution of India, the
petitioner has prayed for issuing direction to the respondent authorities
to grant the benefits of Old Pension Scheme, under the provisions of
Assam Services (Pension) Rules, 1969; and also prayed for issuing
direction to the respondent authorities to dispose of the representation
dated 22.05.2024, filed by the petitioner.
3. Mr. Das, learned counsel for the petitioner submits that the
petitioner joined as a temporary fixed pay Teacher at Da-Dhara L.P
School, Lakhimpur in the year 2001, and thereafter, in the year 2007, she
passed the Junior Basic Training Examination of Teachers and she was
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allowed to draw time scale pay of @ Rs. 3130/- to Rs. 6600/- per month,
plus other allowances. Mr. Das also submits that some of the similarly
situated employees like the petitioner had approached this Court by filing
a writ petition, being WP(C) No. 5923/2012, and this Court, vide
judgment and order dated 06.06.2017, had disposed of the same by
directing the Finance Department to pass a speaking order; and
thereafter, the Finance Department had passed a speaking order, vide
Memo No.BB.93/2017/47-A, dated 10.01.2018, granting Old Pension
Scheme to petitioners therein instead of New Pension Scheme.
4. Mr. Das further submits that after her retirement, the petitioner had
filed a representation on 22.05.2024, before the Director of Elementary
Education, Assam to grant her pensionary benefits and GPF as per Old
Pension Scheme, instead of the NPS, but the same failed to evoke any
response.
5. Under such circumstances, Mr. Das submits that this writ petition may
be disposed of by directing the respondent authorities to dispose of the
representation dated 22.05.2024, filed by the petitioner, by passing a
speaking order by taking note of the relief granted to the petitioners in
WP(C) No. 5923/2012, vide judgment and order dated 06.06.2017, and
the consequential speaking order dated 10.01.2018, passed by the
Principal Secretary to the Government of Assam, Finance (Budget)
Department.
6. Mr. Borah, learned standing counsel for the respondent Nos. 1 to 4;
Mr. Chaliha, learned standing counsel for the respondent No. 5; and Ms.
Konwar, learned Government Advocate for the respondent No. 6 submit
that they have no objection in the event of disposing of this petition by
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directing the respondent authorities to dispose of the representation
dated 22.05.2024, filed by the petitioner, after due verification and by
passing a speaking order granting similar relief, as granted to the
petitioners in WP(C) No. 5923/2012, vide judgment and order dated
06.06.2017, in the event of the petitioner being found to be similarly
situated.
7. Accordingly, taking note of the submissions of learned counsel for
both the parties, and further considering the judgment and order dated
06.06.2017, passed in WP(C) No. 5923/2012, and the consequential
speaking order dated 10.01.2018, passed by the Principal Secretary to
the Government of Assam, Finance (Budget) Department, and as agreed
upon, this Court is inclined to dispose of this petition by directing the
respondent authorities, especially the Director of Elementary Education,
Assam/respondent No. 2, to dispose of the representation dated
22.05.2024, filed by the petitioner, keeping in mind the direction issued
by this Court in WP(C) No. 5923/2012, vide judgment and order dated
06.06.2017, and also keeping in mind the speaking order dated
10.01.2018, passed by the Principal Secretary to the Government of
Assam, Finance (Budget) Department, by which the petitioners in WP(C)
No. 5923/2012, were granted the benefits under the Assam Services
(Pension) Rules, 1969. It is, however, being clarified that this Court is not
adjudicating the lis between the parties on merit.
8. The aforesaid exercise shall be carried out within a period of four
months from the date of receipt of certified copy of this order. The
petitioner shall obtain a certified copy of this order and place the same
before the respondent authorities, along with a copy of the
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representation and the enclosures therein, within a period of one week
from today.
9. In terms of above, this writ petition stands disposed of.
10. The parties shall bear their own costs.
JUDGE
Comparing Assistant
