IMPORTANT POINT
The court determined that employees who superannuated at 58 years under the Assam College Employees (Provincialization) Act, 2005, are not entitled to pensionary benefits beyond superannuation pension.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. A. M. Barbhuiya, learned counsel, appearing on behalf of the appellants. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department, appearing on behalf of respondents No. 1 & 2; Mr. R. K. Talukdar, learned standing counsel, Accountant General, appearing on behalf of respondent No. 3; and Mr. S. Sarma, learned Government Advocate, appearing on behalf of respondent No. 4.

2. The appellants, herein, by way of instituting the present intra-Court appeal, have presented a challenge to a judgment & order, dated 21.03.2023, passed by the learned Single Judge in WP(c)620/2018.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The appellants No. 1, 2 & 3, herein, were initially recruited as Lecturers at Kokrajhar College on 01.07.1967, 01.07.1975 and 23.09.1970, respectively. The employees of the said College, at the relevant point of time, when the appellants had been so recruited, were covered by the provisions of the “Assam Aided College Employees Rules, 1960”. In terms of the said Rules of 1960, more particularly, Rule 11, thereof, the appellants, herein, were to superannuate from their services on attaining the age of 60 years. As the appellants were so continuing in their services in terms of the provisions of Rule 11 of the Rules of 1960; the Kokrajhar College, on enactment of the Assam College Employees (Provincialization) Act, 2005, came under the purview of the said Act of 2005 w.e.f. 01.12.2005.

In terms of the provisions of Section 2(c) of the said Act of 2005, which defines “existing employee” to mean an employee of a college both teaching and non-teaching appointed substantively against a sanctioned post and who is or has been in service on or after 01.01.2005, the appellants, herein, along with others, by contending that on account of the fact that they in view of the provisions of Rule 11 of the Assam Aided College Employees Rules, 1960; having continued in their services after 01.01.2005, would be covered by the term “existing employee”, approached the respondent authorities pursuant to their retirement on attaining the age of 60 years claiming for being granted pension along with other pensionary benefits.

Being aggrieved by the denial to them of their pensionary benefits like the Leave Encashment, DCRG, etc., the appellants, herein, had approached the writ Court by way of filing a writ petition being WP(c)136/2010. The writ Court vide order, dated 23.11.2013, proceeded to dispose of the said writ petition by directing the respondent authorities to take a decision as to whether the services rendered by the petitioners beyond 58 years of age upto 60 years of age; can be regularized and further, to release to the petitioners, therein, in the event, such regularization of services is not granted; their gratuity and Leave Encashment.

The said direction not being complied with by the respondent authorities; the petitioners, therein, had instituted a contempt petition being Cont.Case(C) 386/2014, which was closed vide order, dated 14.11.2014, on an undertaking given by the respondents for compliance of the directions passed vide order, dated 23.11.2022. The undertaking as given, not being complied, the petitioners again instituted a contempt case being Cont.Case(C)122/2015, and the learned Single Judge, vide order, dated 11.09.2017, noticing that a speaking order in terms of the decision of the writ Court in WP(c)136/2010, having already been issued; proceeded to close the said contempt petition granting liberty to assail the said order.

The Director, Higher Education Department, had, in terms of the directions passed by the learned Single Judge in WP(c)136/2010, issued a speaking order on 13.07.2016, and therein, by highlighting that the appellants, herein, in view of the provisions of the Assam College Employees (Provinc