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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, J.
ABANI BARUAH S/O JHAGI BARUAH – Petitioner
VERSUS
THE STATE OF ASSAM – Respondent
WP (C) No. 3543 of 2012
Decided On : 10-05-2022
Assam Services (Pension) Rules 1969 - Rule 31 - selection process for the posts of Assistant Teacher – ‘New Defined Contribution Pension Scheme’ - Whether as per their original appointments in the year 1993 or as per the order - Whether they would be governed by the Pension Rules of 1969 as it stood prior to the introduction of the NDCPS - When a person holds a post for an indefinite period especially for long duration in contradistinction to a person who holds it for a definite or temporary period or holds that on probation then it must be held that he held a post in a substantive capacity (Para 16).
Findings of the Court :
Court are not expressing any view on the said submission raised by, 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, vis-a-vis, the other provisions in the said order which provides that the concerned teachers were regularised by the order 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 and thereby claim that they have entered Government services even prior to the said order, 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, and the implications thereof, but shall make no attempt to re-visit the conclusions arrived at in this judgment in any other manner.
Result : Writ petition stands disposed of
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. S Borthakur learned counsel for the petitioners. Also heard Mr. A Phukan, learned counsel for the respondents No. 1, 2 and 3 being the authorities under the Elementary Education Department, Government of Assam and Mr. A Chaliha, learned counsel for the respondent No. 5 being the authorities under the Finance Department, Government of Assam.
2. The petitioners claim that they had participated in a selection process for the posts of Assistant Teacher in ME/MV Schools in the State of Assam pursuant to an advertisement dated 03.09.1991 which was published in a local daily ‘The Sentinel’. The petitioners were subjected to an interview process by the Sub- Divisional Level Advisory Board (for short, the Board) and under the Rules prevailing at the relevant point of time, the Board was the appropriate authority for undertaking the interview. It is stated that pursuant thereof a select list was published and the petitioners were appointed in the manner as indicated in the tabular form in paragraph 4 of the writ petition, which is extracted as below:
| S. No. | Name of the petitioner | Order number and date of appointment | Date of joining | Name of school where appointed |
| 1 | Abani Baruah | 16.09.93 | 17.09.93 | Diplonga M.E. School |
| 2 | Mahendra Mohan Borah | 16.12.93 |
| Pub Jamuguri M.E. School |
| 3 | Lohit Ch. Borkataky | 14.12.93 | 19.01.94 | Batiamari M.V. School |
| 4 | Uttam Mandal | 19.10.93 | 01.11.93 | Bhijkhowa M.E. School |
| 5 | Shiba Prasad Barman | 20.12.93 | 27.01.94 | Gaminipal M.E. School |
| 6 | Lakhinandan Konch | 23.11.94 | 25.11.94 | Balipara M.V. School |
| 7 | Latika Muhari Biswas | 20.12.93 | 25.11.94 | Parbatia Girls M.V. School, Tezpur |
| 8 | Kulkul Das | 20.12.93 | 18.01.94 | Parbatia Girls M.V. School, Tezpur |
| 9 | Pranati Hazarika | 22.11.94 | 26.11.94 | Anandaram Dekial Phukan M.E. School, Bedati |
| 10 | Minu Hazarika | 23.11.94 | 23.11.94 | Chilabandha Girls M.V. School |
| 11 | Mainul Islam | 19.10.93 |
| Bhojkhowa Sirajia M.E. Medressa |
| 12 | Dipen Das | 22.09.93 | 23.09.93 | Balijuri M.E. School |
| 13 | Ajit Baruah | 19.11.94 | 21.11.94 | Bir Lachit M.E. School |
| 14 | Ila Mishra | 23.11.94 | 25.11.94 | Chatia Girls M.V. School |
| 15 | Padma Bahadur Newar | 23.11.94 | 25.11.94 | Balijuri M.E. School |
| 16 | Kalpana Hazarika | 19.11.94 | 21.11.94 | Baghmari Balika Vidyalaya |
| 17 | Anjali Das | 20.12.93 | 01.01.94 | Dekargaon M.V. School |
| 18 | Puniram Bhuyan | 14.12.93 | 03.01.94 | Uttam Chetia M.E. School |
| 19 | Pankaj Baruah | 20.12.93 | 27.01.94 | Paschim Jamuguri M.E. School |
| 20 | Manjula Mahanta | 15.03.94 | 18.04.94 | Barsala M.E. School |
| 21 | Nisha Prova Lahkar | 01.04.94 | 01.04.94 | Ma Sahar M.E. School |
| 22 | Miss Ani Saikia | 15.03.94 | 02.05.94 | Brajhar M.E. School |
| 23 | Trinayan Saikia | 20.12.93 |
| Besseria Girls M.V. School |
| 24 | Rajindra Borah | 20.12.93 | 18.01.94 | Depota M.E. School |
| 25 | Himangshu Borah | 19.10.93 | 03.11.93 | Besseria M.V. School |
| 26 | Nirmala Devi | 20.12.93 | 18.01.94 | Parbatia M.E. School, Tezpur |
| 27 | Smt. Rita Bora | 20.12.93 | 18.01.94 | Bishnujyoti M.E. School |
| 28 | Paban Kumar Borah | 19.10.93 | 01.11.93 | Bishnujyoti M.E. School |
| 29 | Narayan Upadhaya | 18.09.93 | 21.09.93 | Mansiri M.E. School |
| 30 | Jimmy Saikia | 19.11.94 | 22.11.94 | Parbatia Girls M.V. School |
| 31 | Aswini Kumar Sarma | 23.11.94 | 25.11.94 | Rangpara M.E. School |
| 32 | Saiful Islam | 26.10.93 | 26.10.93 | Mansiri M.E. School |
| 33 | Omar Ali | 11.10.93 |
| Panch Mile M.E.M. |
| 34 | Ranu Kalita Tamuli | 19.11.94 | 21.11.94 | Bihaguri Girls M.V. School |
| 35 | Dipak Das | 20.10.94 | 01.02.94 | Keheru Khanda M.V. Sch |
Point of Law : When a person holds a post for an indefinite period especially for long duration in contradistinction to a person who holds it for a definite or temporary period or holds that on proba....
Candidates selected for government service prior to the implementation of a new pension scheme are entitled to the benefits of the old pension scheme if the delay in their appointment is attributable....
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
The court affirmed that an employee appointed before the New Pension Scheme is entitled to benefits under the Old Pension Scheme, regardless of any undertaking given under duress.
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