Gauhati High Court
) Rekha Mani Devi vs The State Of Assam And 5 Ors on 6 March, 2025
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GAHC010073722022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2736/2022
ON THE DEATH OF PRADIP KUMAR SARMA HIS LEGAL
REPRESENTATIVES
1) REKHA MANI DEVI,
W/O- LATE PRADIP KUMAR SARMA, R/O- VILL.- BARDIGHELI
(BARDHARI), P.O. BARDIGHELI, DIST. NALBARI, ASSAM, PIN- 781334.
2: BISHAL SARMA
S/O- LATE PRADIP KUMAR SARMA
R/O- VILL.- BARDIGHELI (BARDHARI)
P.O. BARDIGHELI
DIST. NALBARI
ASSAM PIN- 781334
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA GUWAHATI-19.
3:INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
P.O. AND DIST. NALBARI
ASSAM PIN- 781335.
4:THE TREASURY OFFICER
NALBARI TREASURY
P.O. AND DIST. NALBARI
ASSAM PIN- 781335.
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5:THE PRINCIPAL
P.B. DHIRDUTTA HIGHER SECONDARY SCHOOL
VILL.- BARKHALA
P.O. K.P. BARKHALA
DIST. NALBARI
ASSAM PIN- 781350.
6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAM GAON
BELTOLA
GUWAHATI-781029
Advocate for the Petitioner : MR. K M HALOI, MR. B DAS
Advocate for the Respondent : SC, SEC. EDU., MS. B D SARMAH (R5),MR. U K DAS (R5),SC,
AG,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
06.03.2025
1. Heard Mr. K. M. Haloi, learned counsel for the petitioner. Also heard Mr. N. J.
Khataniar, learned Standing Counsel for the Secondary Education Department
representing the respondents and Ms. B. D. Sarmah, learned counsel for the
respondent No. 5.
2. The original petitioner namely, Pradip Kumar Sarma, who died during the
pendency of the writ petition, filed WP(C) No. 485/2011 claiming that, he was
appointed to the post of Assistant Teacher in P. B. Dhirdutta Higher Secondary
School under the Inspector of Schools, Nalbari District Circle, way back on
08.08.1998 and though, he was paid regular salary with effect from his date of
joining till 31.12.2005, however, thereafter, no salary was paid.
3. The said writ petition was dismissed by the learned Single Judge under its
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Judgment and Order dated 01.04.2016.
4. Such decision was taken to an appeal, which was registered as W.A. No.
190/2017 and the Division Bench upheld the contention of the petitioner under
its Judgment and Order dated 11.09.2017 and directed the respondent
authorities to pay the salary. The Division Bench, after perusal of the materials
available on record, at paragraph-5 concluded that the appellant was duly
appointed by order dated 30.10.1998 on the basis of a select list dated
08.08.1998 as recommended by the District Level Selection Board. It was also
concluded that the appointment of the petitioner came through a regular process
of selection and was appointed against the resultant vacancy created against up-
gradation of the Principal of the School and accordingly, the authorities were
directed pay arrears of salary as well as regular salary.
5. Thereafter, the petitioner was continued to be paid the salary, however, he was
converted to New Pension Scheme (NPS) instead of Old Pension Scheme (OPS)
and it is the case of the petitioner that he being appointed prior to coming into
effect of the New Pension Scheme, which was also upheld by the Division Bench,
the respondent authorities could not have brought him under the New Pension
Scheme. Such contention is also supported by the respondent No. 5 i.e. the
Principal of P. B. Dhirdutta Higher Secondary School.
6. In the aforesaid backdrop, the Director of Secondary Education is to file a
specific affidavit disclosing the reason for bringing the petitioner under the New
Pension Scheme. Such affidavit be filed within a period of two weeks from today.
7. List this matter on 26.03.2025.
JUDGE
Comparing Assistant
