Page No.# 1/8 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 3584 Gua

Gauhati High Court

Page No.# 1/8 vs The State Of Assam And 5 Ors on 28 February, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                 Page No.# 1/8

GAHC010106492020




                                                        2025:GAU-AS:2080

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

                         Case No. : WP(C)/3888/2020

         MENAKA DUARA
         W/O LATE KHIROD GOHAIN, RESIDENT OF VILLAGE AND PO
         GELAPUKHURIGAON, PS AND DIST TINSUKIA, ASAM ASSISTANT
         TEACHER OF ANIRUDHA LP SCHOOL TINSUKIA



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSMA, EDUCATION (ELEMENTARY) DEPARTMENT.
         DISPUR, GUWAHATI 6

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

         3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
         TINSUKIA
         ASSAM 786121

         4:THE BLOCK ELEMENTARY EDUCATION OFFICER
          KAKAPATHAR BLOCK
         TINSUKIA ASSAM

         5:THE DEPUTY INSPECTOR OF SCHOOLS
         TINSUKIA ASSAM 786121

         6:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI
                                                                Page No.# 2/8


Advocate for the Petitioner   : MR. N BORAH,

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE




             Linked Case : WP(C)/2862/2024

            BHAROTI BARUAH AND 5 ORS
            W/O- ASHOK SARMAH
            RESIDENT OF VILLAGE- BORDUBI
            P.O. HOOGRIJAN
            DISTRICT- TINSUKIA
            ASSAM
            PIN- 786601
            ASSISTANT TEACHER OF ADARSHA HINDI L.P. SCHOOL
            TINSUKIA

            2: SRI RAMA SANKAR KOIRI
            SON OF LATE BHRIGUNATH KOIRI
             RESIDENT OF VILLAGE- PARBATIPUR NO. 10
             P.O. GABHARUBEHTI
             P.S. PHILLOBARI
             DISTRICT- TINSUKIA
            ASSAM
             PIN- 786160
            ASSISTANT TEACHER OF HAHKHETI BAGAGON ADARSHA L.P. SCHOOL
            TINSUKIA

            3: SRI LAXMAN PRASAD
            SON OF SRI JHULAN PRASAD
            RESIDENT OF VILLAGE- DEVI PUKHURI
            P.O. TINSUKIA
            P.S. TINSUKIA
            PIN- 786125
            DISTRICT- TINSUKIA
            ASSAM
            ASSISTANT TEACHER OF GAKHIRBHETI L.P.SCHOOL
            TINSUKIA

            4: SMTI. SABITRI BAKTI
            WIFE OF RADHA KANTA BAKTI
            RESIDENT OF VILLAGE- SAPEKHATI
            HOLONGA MORA GAON
                                                    Page No.# 3/8

P.O. UJANGURI
P.S. SAPEKHATI
PIN- 785692
DISTRICT- CHARAIDEU
ASSAM
ASSISTANT TEACHER OF CHATAIJAN L.P. SCHOOL
TINSUKIA

5: SMTI. KALPANA SONOWAL
WIFE OF DEEPAK SONOWAL
RESIDENT OF VILLAGE- NAHORONI
P.O. BORHAT
P.S. DOOMDUMA
DISTRICT- TINSUKIA
ASSAM
PIN- 786150
ASSISTANT TEACHER OF HAHKHATI L.P.SCHOOL
TINSUKIA

6: SMTI. BHAIRABI NEOG
WIFE OF SRI BHAIRAB DAHUTIA
RESIDENT OF VILLAGE- GELAPUKHURI
P.O. TINISUKIA
P.S. TINSUKIA
PIN- 786125
DISTRICT- TINSUKIA
ASSAM
ASSISTANT TEACHER OF G.R. BASIK L.P. SCHOOL
TINSUKIA
VERSUS

THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6

2:THE DIRECTOR OF ELEMETARY EDUCATION
ASSAM
 KAHILIPARA
 GUWAHATI-19
 DISTRICT- KARUP (M)
ASSAM

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
                                                                       Page No.# 4/8


             4:THE DEPUTY INSPECTOR OF SCHOOLS
             TINSUKIA
             DISTRICT- TINSUKIA
             ASSAM

             5:THE BLOCK ELEMENTARY EDUCATION OFFICER
             KAKAPATHAR BLOCK
             DISTRICT- TINSUKIA
             ASSAM

             6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-6
             ------------
             Advocate for : MR. N BORAH
             Advocate for : SC
             ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS



                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

28.02.2025

Heard Mr. N Borah, learned counsel for the petitioners. Also heard Mr. A. Chaliha, learned counsel for the Finance Department and Mr. B. Kaushik, learned counsel for the Elementary Education Department.

2. The petitioners' case is that they had been selected as Stipendiary teachers, pursuant to a selection process on the basis of an advertisement. The petitioners were thereafter allowed to undergo the Assam Junior Basic Training Course and had successfully completed the same. The petitioners were also allowed to draw the regular time scale of pay. The petitioners were thereafter regularised by way of order dated 11.04.2018. The petitioners' counsel submits that the petitioners have not been given their time scale of pay since the date of Page No.# 5/8

completion of their Junior Basic Training Course prior to 2005 and neither have they been given their pension in terms of the Assam Services (Pension) Rules, 1969.

3. The petitioners' counsel submits that as the petitioners have completed their Junior Basic Training Course prior to 2005, i.e., the year the New Pension Policy came to force on 01.02.2005 and as the condition in their appointment letters as Stipendiary teachers provided that time scale of pay would be provided to those Stipendiary teachers who had completed the Junior Basic Training Course, the petitioners cannot be denied the benefits of the conditions stipulated in the appointment letter issued to them. In this respect, he has relied upon the judgment & order dated 31.03.2023 passed in WP(C) 6403/2021 (Purnima Hore & Anr. vs. The State of Assam & 3 Ors.) and the judgment & order dated 30.10.2019 passed in WP(C) 7831/2019 (Jibon Mahanta & 8 Ors. vs. The State of Assam & 5 Ors.).

4. Mr. A. Chaliha, learned counsel for the Finance Department and Mr. B. Kaushik, learned counsel for the Elementary Education Department submit that the case of the petitioners appears to be covered by the judgments and orders dated 31.03.2023 and 30.10.2019 passed in Purnima Hore (supra) and Jibon Mahanta (supra) respectively. However, they pray that the State respondents may be allowed to undertake a verification of the petitioners' particulars, prior to extending the benefits of the judgments and orders quoted above.

5. I have heard the learned counsels for the parties.

6. Para 118 of the judgment and order dated 31.03.2023 in WP(C) 6403/2021 states as follows:-

Page No.# 6/8

"118. In the backdrop of the above, this Court, therefore, disposes of the instant batch of writ petitions with the following observations and directions:-

(i) The writ petitioners who come within the fold of Stipendiary Teachers are entitled to the benefits under the Rules of 1969 and they are not covered under the NDCPS, 2009. The said petitioners are also entitled to subscribe to the GPF. The said petitioners would also be entitled to all other pensionary benefits to which a Government servant of corresponding rank is entitled to.

(ii) The writ petitioners who come within the fold of Dropped Teachers are not entitled to pension in terms with the Rules of 1969 as well as also shall not be entitled to join the fund in terms with the General Provident Fund (Assam Service) Rules, 1937, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.

(iii) The teachers coming within the fold of Teachers Appointed under the Operation Black Board, and more particularly, those teachers who were appointed pursuant to the creation of 7066 posts on 08.03.2021, would not be entitled to pension in terms with Rules of 1969 as well as also shall not be entitled to join the fund in terms with the General Provident Fund (Assam Service) Rules, 1937. They shall be governed by the New Pension Scheme applicable to State Government employees of corresponding rank.

(iv) The writ petitioners who come within the fold of Excess Teachers would not be entitled to the pension in terms with the Rules of 1969 as well as also shall not entitled to subscribe to the fund in terms with the General Provident Fund (Assam Service) Rules, 1937, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.

(v) The writ petitioners who come within the category of Teachers appointed on Ad-

hoc Grant Basis would not be entitled to pension in terms with the Rules of 1969, but shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. They would also not be entitled to join the fund in terms with the General Provident Fund (Assam Service) Rules, 1937.

(vi) The Teachers who have been brought within the fold of the State Sector Employees by regularization of their services by the Dima Hasao Autonomous District Council on or after 01.02.2005 would not get the benefit in terms with the Rules of 1969, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.

(vii) The teachers coming within the category of Dropped Teachers, Operation Black Page No.# 7/8

Board, Excess, Ad-hoc Grant as well as Dima Hasao as mentioned in Sub-Paragraph Nos.(ii), (iii), (iv) (v) & (vi) herein above as they come within the ambit of the New Defined Contribution Pension Scheme, 2009 shall be eligible for the benefit of retirement gratuity and death gratuity on the same terms and conditions as are applicable to the employees covered by the Rules of 1969 in view of the Office Memorandum dated 01.02.2021.

(viii) The communication dated 23.02.2010 issued by the Director, Finance (Budget) Department to the Deputy Accountant General (P&A) is set aside and quashed.

(ix) It is observed that the instant judgment will come into effect prospectively. The State Government shall not be entitled to claim refund of any pension or pensionary benefits already granted to an employee on the basis of the directions passed by the various orders of this Court earlier. This direction has been given specifically for the fact that the State Government had allowed such orders so passed by the Coordinate Bench as well as the Division Bench of this Court to attain finality and have granted benefit to them. These persons shall continue to be entitled to the pension under the Rules of 1969 as per the directions of this Court earlier. The above directions is based upon the judgment of the Supreme Court in the case of Umadevi (3) (supra) wherein the Supreme Court at paragraph No.53 had categorically observed that those regularizations, if any, already made but not subjudiced need not be reopened based on the observations made in the said judgment.

(x) This Court further is of the opinion that the persons similarly situated to that of 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 the 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."

7. Though it prima facie appears that the petitioners' case is covered by the above judgments and orders, this Court is of the view that by way of abundant caution, the State respondents should be given the liberty to verify the particulars of the petitioners. Accordingly, the respondents shall verify the petitioners particulars and if it is found that the petitioners are entitled to the Page No.# 8/8

benefits provided in para 118 of the judgment & order dated 31.03.2023 passed in WP(C) 6403/2021, the same should be provided to the petitioners. The entire exercise should be concluded by the State respondents within a period of 3 (three) months, from the date of receipt of a certified copy of this order along with the copies of the writ petitions.

8. The writ petitions are disposed of accordingly.

JUDGE Comparing Assistant