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THE HIGH COURT OF GAUHATI AT GUWAHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
Rupak Chandra Kalita, S/o Late Gajen Kalita – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. P.N. Sharma, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1 and Mr. B. Choudhury, learned standing counsel, BTC, appearing for the respondent Nos.2-4.
2. In this petition, under Article 226 of the Constitution of India, the petitioner Rupak Chandra Kalita has prayed for issuing direction to the respondent authorities to provide pensionary benefit to the petitioner under Assam Services (Pension) Rules, 1969 as he was appointed on 04.12.1999 and also to consider his past service, with effect from the aforementioned date and not to act upon the undertaking given by him for accepting the pensionary benefit as per the prevalent Rule.
3. The background facts leading to filing of the present writ petition is briefly stated as under:-
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.
The court ruled that the delay in appointment does not justify denying the Old Pension Scheme benefits to petitioners, ensuring equal treatment under Article 14.
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
Irregular appointments do not confer rights to service regularization or pension benefits; res judicata bars relitigation of previously adjudicated claims.
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
Employees appointed prior to 1st November, 2005 in fully aided educational institutions are entitled to the old pension scheme, irrespective of whether they were appointed on a part-time or full-time....
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