Gauhati High Court
Punyeswar Choudhury vs The State Of Assam And 3 Ors on 21 March, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010050992025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1548/2025
PUNYESWAR CHOUDHURY
S/O- LATE LOHIT CHOUDHURY,
VILL NO 2, BAHUMARI,
PO- PHULUGURI, DIST- SONITPUR,
ASSAM, PIN- 782103
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
EDUCATION (ELEMENTARY) DEPARTMENT,
ASSAM, DISPUR, GUWAHATI- 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
TEZPUR
DIST- SONITPUR
ASSAM
4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MS. S BORA, MR. P BORAH,DR G J SHARMA
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 21.03.2025
Heard Ms. S. Bora, learned counsel for the petitioner, who submits that
the petitioner was initially appointed as an Assistant Teacher at Kadamtal ME
School, Sonitpur on 22.09.1993. The petitioner retired on 18.03.2021. The
respondents have brought the petitioner under the purview of the New Defined
Contributory Pension Scheme along with other similarly situated persons, who
were regularized after 01.02.2005. The petitioner was regularized on
22.08.2005.
2. The petitioner's counsel submits that the other similarly situated teachers
had preferred WP(C) 3543/2012, praying to be brought under the purview of
the Assam Service (Pension) Rules, 1969. WP(C) 3543/2012 was disposed of,
vide order dated 10.05.2022, with a direction being issued to the petitioners
therein, to make a representation before the Secretary to the Government of
Assam, Elementary Education Department and in the event of the
representation being filed, the Secretary to the Government of Assam,
Elementary Education Department was to give meaning to the word "adjusted",
appearing in the 5th column of the list enclosed with the order dated 22.08.2005
and the implications thereon.
3. The petitioner's counsel submits that in terms of the direction passed by
the Division Bench of this Court in WP(C) 3543/2012 (Abani Baruah and 44
others vs. State of Assam and others), the petitioners therein had submitted
their representation and the same is still under process.
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4. The petitioner's counsel submits that a representation dated 06.09.2024
has been submitted by the petitioner to the Secretary to the Government of
Assam, Elementary Education Department, requesting that his service be
governed by the Assam Service (Pension) Rules, 1969 and as the same has not
been disposed of by the respondents, the Secretary to the Government of
Assam, Elementary Education Department should be directed to dispose of the
petitioner's representation, in terms of the direction passed in WP(C)
3543/2012.
5. Mr. P. K. Bora, learned counsel for the Elementary Education Department
submits that he has got no objection to the prayer made by the petitioner's
counsel.
6. I have heard the learned counsels for the parties.
7. It is seen that the petitioner had retired on 18.03.2021 and the petitioner
has made a representation for being covered by the Assam Service (Pension)
Rules, 1969, by way of a representation dated 06.09.2024. Further, the
petitioner has filed the present writ petition only on 17.03.2025, i.e., 4 years
after his retirement. The writ petition, filed by the similarly situated persons, i.e.
WP(C) 3543/2012, had been rejected by this Court on merit, vide judgment and
order dated 10.05.2022. However, the Secretary to the Government of Assam,
Elementary Education Department had been directed to take a decision on the
representations of the petitioners therein, in terms of para 24 to 26, which are
as follows:-
"24. We are not expressing any view on the said submission raised by Mr. S Borthakur,
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learned counsel for the petitioners nor we are trying to read the meaning of the word
'adjusted' appearing in the 5th column of the list enclosed to the order dated
22.08.2005, vis-à-vis, the other provisions in the said order which provides that the
concerned teachers were regularised by the order dated 22.08.2005 with effect from
their respective dates of joining against the vacant posts as per the enclosed list. If
the petitioners intend to give a different meaning to the word 'adjusted' appearing in
the 5th column of the list enclosed to the order dated 22.08.2005 and thereby claim
that they have entered Government services even prior to the said order dated
22.08.2005, liberty is granted to the petitioners to make a representation before the
Secretary to the Government of Assam in the Elementary Education Department
Government of Assam. In the event of any such representation is filed, the Secretary
may give" a meaning to the word 'adjusted' appearing in the 5th column of the list
enclosed with the order dated 22.08.2005, and the implications thereof, but shall make
no attempt to re-visit the conclusions arrived at in this judgment in any other manner.
25. Accordingly, while rejecting the writ petition for the relief sought therein, the writ
petitioners are also given the liberty to file a representation as indicated hereinabove.
26. If any representation is submitted, the Secretary to pass the reasoned order by
providing for the meaning and purport of the word 'adjusted' appearing in the 5th
column of the list enclosed to the order dated 22.08.2005 within a period of three
months from the date of receipt of the representation as indicated hereinabove."
8. On considering the fact that WP(C) 3543/2012 had been rejected, no
direction can be passed by this Court, for making the Assam Service (Pension)
Rules, 1969 applicable to the petitioner. The entire issue regarding whether the
petitioners in WP(C) 3543/2012 are to be given the benefit of Assam Service
(Pension) Rules, 1969 has been left entirely at the discretion of the State
Government. Accordingly, the Secretary to the Government of Assam,
Elementary Education Department should also ensure that the decision taken
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with regard to the representations made by the petitioners in WP(C) 3543/2012
should also be made applicable to the petitioner herein, if the petitioner's case is
found to be similar to the petitioners in WP(C) 3543/2012. The same is further
subject to the State Government taking a decision in favour of the petitioners in
WP(C) 3543/2012, as per their discretion.
9. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
