JUDGMENT AND ORDER :

Kardak Ete, J.

We have heard Mr. R.C. Saikia, learned counsel for the writ appellant. We have also heard Mr. N.J. Khataniar, learned Standing Counsel representing the Education (Secondary) Department as well as Ms. R.B. Bora, learned Standing Counsel representing the BTC.

2. This writ appeal is preferred against the judgment and order dated 06- 03-2019, passed by the learned Single Judge, in WP(C) No. 4462 of 2015, whereby the writ petition filed by the appellant has been dismissed.

3. The issue involved in this writ appeal is as to whether the service of the appellant would be governed by the Old Pension Rules or the New Pension Scheme.

4. The case of the appellant is that he was initially appointed as Assistant Teacher on honorary basis by the Principal of the Paschim Banbhag L.P. School, Khatikuchi, on 28-01-1991 and he was working as such till 03-01- 2003. In the year 1992, an advertisement was issued for the post of Additional Science Graduate Teacher. The appellant applied for the post and appeared in the interview conducted by the District Level Selection Committee and was selected. His name appeared at Sl. No. 125 of the Select List. Although his name appeared at Sl. No. 125, some of the selected candidates, whose names were below the appellant, have been appointed by the respondent authorities. When the representation for appointment submitted by the appellant has fetched no response, the appellant approached this Hon’ble Court by way of WP(C) No. 5394/1999 and vide order dated 25-03-2002 the writ petition was disposed of with a direction to consider the appointment of the appellant against the 10% quota reserved for appointment of sons, daughters or near relative of retired school teachers, as per the policy of the State Government. Several correspondences were made to the authorities of the State Government for consideration of the appellant’s case in terms of the Hon’ble High Court’s direction in WP(C) No. 5394/1999 and associated writ petitions, but to no avail. Thereafter, vide order dated 25-02-2003, the appellant was allowed to draw monthly salary against the retired vacancy, with effect from 01-02-2003. The appellant has drawn monthly salary till 01-01-2006 regularly and has been attending duties without any break.

5. Vide the order dated 07-06-2004, service of the appellant was adjusted against a post fallen vacant due to retirement of one Anil Kumar Sarma. Pursuant to the letter dated 29-07-2006 issued by the Joint Director of Secondary Education, Assam, the Assistant Accounts Officer (EDP), by his order No. GPF/EDP/Cell/Allot/2365, dated 12-10-2006, allotted the appellant the GPF Account No. FPD/29/4314 and entry to this effect was made in the Service Book of the appellant. It is noted that the appellant has been pursuing the matter for regularisation of his service or for appointment in terms of the selection process held in 1992, but all in vain.

6. While the appellant was serving after being adjusted against the post as indicated supra, suddenly the payment of monthly salary of the appellant was stopped since 01-01-2006. Aggrieved, the appellant filed another writ petition, i.e., WP(C) No. 1573/2007 which was disposed of on 03-08-2007 with a direction that the case of the appellant shall be taken up as per the common judgment delivered in WP(C) No. 2147/1999.

7. An Expert Committee was constituted by the State Government. Accordingly, vide Report dated 18-09-2008, the claim of the appellant was rejected. The appellant approached this Hon’ble Court by filing the WP(C) No. 5532/2010. This Court, vide order dated 24-02-2012 disposed of the said writ petition by setting aside the Expert Committee Report and directed the State to pay salary to the petitioner from March, 2006 onwards. Thereafter, vide letter dated 14-03-2012, the Director of School Education, Assam, has directed for adjustment