Gauhati High Court
Sri Sonen Goyary vs The State Of Assam And Ors on 27 October, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/5
GAHC010241782023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6793/2023
SRI SONEN GOYARY
S/O- THANEN GOYARY ,
R/O- VILLAGE PUB KACHUKATA,
P.O- KACHUKATA,
P.S- TAMULPUR,
DIST- BAKSA (BTR), ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
ELEMENTARY EDUCATION DEPARTMENT
DISPUR, JANATA BHAWAN, GUWAHATI-6
2:THE BODOLAND TERRITORIAL COUNCIL (BTC)
KOKRAJHAR
REP. BY ITS PRINCIPAL SECRETARY
P.O- KOKRAJHAR
DIST- KOKRAJHAR (BTC)
ASSAM
PIN-783370
3:THE SECRETARY
DEPARTMENT OF EDUCATION
BTC
P.O- KOKRAJHAR
DIST- KOKRAJHAR (BTC)
ASSAM
Page No.# 2/5
PIN-783370
4:THE DIRECTOR OF EDUCATION
BTC
P.O- KOKRAJHAR
DIST- KOKRAJHAR (BTC)
ASSAM
PIN-783370
5:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-0
Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA,MR N SARMA
Advocate for the Respondent : SC, BTC, SC, ELEM. EDU,SC, FINANCE
Linked Case : WP(C)/6750/2023
SRI MRITYUNJOY DAS
S/O- LATE RAJENDRA DAS
R/O- VILLAGE BARIMAKHA
P.O- LATIBARI
P.S- TAMULPUR
DIST- BAKSA (BTR)
ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI- 781006
Page No.# 3/5
2:THE BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
REP. BY THE PRINCIPAL SECRETARY BTC
P.O AND DIST- KOKRAJHAR
ASSAM
PIN-783370
3:THE SECRETARY
DEPARTMENT OF EDUCATION
BTC
P.O AND DIST- KOKRAJHAR
ASSAM
PIN-783370
4:THE DIRECTOR OF EDUCATION
BTC
P.O AND DIST- KOKRAJHAR
ASSAM
PIN-783370
5:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
------------
Advocate for : MR. S K GOSWAMI
Advocate for : SC
BTC appearing for THE STATE OF ASSAM AND ORS
Linked Case : WP(C)/7527/2023
AMULLYA DEKA
S/O- LATE UPEN DEKA
R/O- VILL.- KALCHENI
P.O. KALCHENI
P.S. TAMULPUR
DIST. BAKSA
BTR
ASSAM
Page No.# 4/5
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI-781006.
2:THE BODOLAND TERRITORIAL COUNCIL (BTC)
KOKRAJHAR
REPRESENTED BY ITS PRINCIPAL SECRETARY
P.O. KOKRAJHAR
DIST. KOKRAJHAR
BTR
ASSAM
PIN- 783370.
3:THE SECRETARY
DEPARTMENT OF EDUCATION
BTC
P.O. AND DIST. KOKRAJHAR (BTR)
ASSAM
PIN- 783370.
4:THE DIRECTOR OF EDUCATION
BTC
P.O. AND DIST. KOKRAJHAR (BTR)
ASSAM
PIN- 783370.
5:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-781006.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS
Page No.# 5/5
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 27.10.2025
Heard Mr. S. K. Goswami, learned counsel for the petitioners, who submits
that by filing these writ petitions, the petitioners have sought for a direction to
the respondent authorities to bring them within the ambit of Old Pension
Scheme in view of the fact that their services have been provincialised before
coming into effect the New Pension Scheme. He submits that the case of the
petitioners are squarely covered by the judgment and order dated 17.02.2025,
rendered by a Co-ordinate Bench of this Court in WP(C)/3779/2023 and
therefore a similar order may be passed.
At this stage Mr. A. Khaund, learned standing counsel appearing for the
BTC submits that he has been recently engaged in the matter and prays that he
may be given 2(two) weeks time to obtain necessary instructions in this regard.
Considering the above prayer, the matter stands adjourned for 2(two)
weeks.
The learned standing counsel for the BTC to obtain instructions more
particularly in view of the claim of the petitioner that their case is squarely
covered by the earlier decision of this Court to bring them under the ambit of
the Old Pension Scheme.
List on 21.11.2025.
JUDGE
Comparing Assistant
