Page No.# 1/6 vs The State Of Assam And 9 Ors
2025 Latest Caselaw 163 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 9 Ors on 5 May, 2025

                                                               Page No.# 1/6

GAHC010117662024




                                                        2025:GAU-AS:5484

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

                           Case No. : WP(C)/3054/2024

         JAYANTI BALA DAS
         WIFE OF LATE ABHIR CHANDRA DAS,
         VILL- NAYAPARA, BILASIPARA, WARD NO. 5,
         P.O. AND P.S.- BILASIPARA, DISTRICT- DHUBRI,
         ASSAM. PIN- 783348.



         VERSUS

         THE STATE OF ASSAM AND 9 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF SCHOOL EDUCATION,
         DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECRETARY
          PENSION AND PUBLIC GRIEVANCE DEPARTMENT TO THE GOVERNMENT
         OF ASSAM
          DISPUR
          GHY-06.

         3:THE PRINCIPAL SECRETARY
          FINANCE DEPARTMENT
          GOVERNMENT OF ASSAM
          DISPUR
          GHY-06.

         4:THE DIRECTOR OF ELEMENTARY EDUCTION
         ASSAM
          KAHILIPARA
          GUWAHATI-19.

         5:THE DIRECTOR OF PENSION
         ASSAM
                                                                             Page No.# 2/6

             HOUSEFED COMPLEX
             DISPUR
             GHY-06.

            6:THE ACCOUNTANT GENERAL
            ASSAM
             BELTOLA
             GUWAHATI-29.

            7:THE TREASURY OFFICER
             BILASIPARA
             DISTRICT- DHUBRI
            ASSAM
             PIN- 783329.

            8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             DHUBRI
             PIN- 783329.

            9:THE DEPUTY INSPECTOR OF SCHOOLS
             BILASIPARA
             DHUBRI
            ASSAM
             PIN- 783329.

            10:THE BLOCK ELEMENTARY EDUCATION OFFICER
             BILASIPARA
             DIST.- DHUBRI
            ASSAM
             PIN- 783329

Advocate for the Petitioner   : MR. M KHAN, MS J AKTAR,MR. J RAHMAN

Advocate for the Respondent : SC, ELEM. EDU, SC, AG,SC, FINANCE,GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 05.05.2025

Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel, Elementary Education Department for the Page No.# 3/6

respondent Nos. 1, 4, 8, 9 and 10, Ms. D. D. Barman, learned Addl. Senior Govt. Advocate for the respondent Nos. 2 and 5, Ms. R. M. Baruah, learned standing counsel, Finance Department for the respondent Nos. 3 and 7 and Mr. S. K. Medhi, learned standing counsel, Accountant General, Assam for the respondent No.6.

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 a Stipendiary Teacher at 2247 No. Rabantari L.P. School. As the issue involved is 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.

3. The petitioner was appointed as a Stipendiary Teacher at 2247 No. Rabantari L.P. School under Block Elementary Education Officer, Bilasipara in the district of Dhubri by Order dated 08.04.1999 under memo No. DB/II-2/98- 99/220-26 issued by the Deputy Inspector of Schools, Bilasipara, namely, respondent No. 9. The petitioner was initially granted a stipend of Rs. 900/- per month with effect from the date of his joining. In the said appointment order, the petitioner as required, was deputed to undergo the Assam Junior Basic Training Examination in terms of the letter dated 25.08.2004 issued by the Additional Director, Elementary Education, Assam. The petitioner thereafter completed the Assam Junior Basic Teachers Training Final Examination on 06.05.2005. It is stated that on 07.07.2005 by an order vide Memo No. DB/I- 10/2004-05/4717-29 issued by the Deputy Inspector of Schools, Bilasipara, 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 06.05.2005. It is submitted that the petitioner thereafter was receiving the regular scale of pay along with all revision and pay fixation as payable. It is further submitted that Page No.# 4/6

on 31.07.2006, the petitioner was transferred from 1608 No. Barkanda L.P. School to 1941 No. Nayapara L.P. School as Head Teacher, where the petitioner had been working as Head Teacher of the said School till his superannuation. The petitioner claims to approach the competent authority for release of regular pension but no steps has 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 his 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 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 Page No.# 5/6

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. 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 01.02.2005 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 him after 01.02.2005, 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 01.02.2005 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 Page No.# 6/6

Government in terms with the NDCPS, 2009.

8. With the aforesaid observations and directions, this writ petition stands disposed of.

JUDGE

Comparing Assistant