Teachers appointed in excess of sanctioned posts post-implementation of new pension scheme are not entitled to benefits under old pension rules.

JUDGMENT :

VIJAY BISHNOI, CJ.

1. This writ appeal is preferred by the appellant being aggrieved with the order dated 11.04.2023 passed by the learned Single Judge in WP(C) No.3180/2017, whereby the learned Single Judge has dismissed the writ petition filed by the appellant herein [petitioner No.2 in the writ petition] along with another person in the light of the decision rendered by this Court vide judgment dated 31.03.2023 in WP (C) No. 6403/2021 [Purnima Hore & Anr. Vs. State of Assam & Ors.] and other connected writ petitions.

2. The appellant had approached the Writ Court by filing the above referred writ petition [WP(C) No.3180/2017] and prayed for granting the following reliefs:-

“i) By setting aside and quashing the impugned letters dtd. 14-2-2017 issued by the respondent No.4 asking the petitioners to deduct monthly contribution under the New Pension Scheme instead of General Provident Fund (GPF) (Annexure-7 & 8 to the writ petition);

ii) By holding that the case of the petitioners are covered under the provisions of the Assam Services (Pension) Rules’ 1969 and not under the New Pension Rules’ 2005;

iii) By directing the respondent authorities to pay the arrears salaries of the petitioners w.e.f. 1-7-1995 to 21-8-2005;

iv) By granting any other relief/reliefs as your Lordship may deem fit and proper;

And after perusal of the record, cause or causes being shown and upon hearing the parties, your Lordships may be pleased to make the Rule absolute and/or to pass such further or other order/orders as your Lordships may deem fit and proper under the facts and circumstances of the case, in the interest of justice.”

3. The facts of the case are that the appellant was appointed as an Assistant Teacher vide order dated 26.11.1993 issued by the District Elementary Education Officer, Kamrup and he was posted at Rangapani Islamia M.E. Madrassa. However, later on in the year 1999, Ismail Hussain High School was amalgamated with Rangapani Islamia M.E. Madrassa and the appellant was serving in the said school. Later on, the service of the appellant was regularized vide order dated 20.08.2005 passed by the District Elementary Education Officer, Kamrup.

4. Though the appellant had not pleaded the complete facts in the writ petition, but the learned Single Judge, in the impugned order, noted that the petitioner No.2 [appellant herein] was appointed as Assistant Teacher by the District Elementary Education Officer, Kamrup on 26.11.1993 and thereupon, he got the salaries up to 1995 but subsequent to 1995, the appellant had not received his salaries. The learned Single Judge has further noted that on the basis of a report being submitted by the Manoharan Committee, it was found that the appellant was appointed in excess of the sanctioned posts. The Government of Assam thereafter took a decision to regularize the services of those teachers who were appointed in excess of the sanctioned post and their services were regularized vide an order dated 11.08.2005 passed by the Director of Elementary Education against the vacant post. Pursuant to that, order dated 20.08.2005 was issued by the District Elementary Education Officer, Kamrup, whereby the appellant was allowed to join against the vacant post and school as mentioned therein as the post had already been filed up by way of transfer.

5. The said facts noted by the learned Single Judge in the impugned order dated 11.04.2023 has neither been contradicted by the appellant in the writ appeal nor by the counsel for the appellant during the course of hearing of the instant writ appeal.

6. The learned Single Judge in the impugned order has observed that the appellant is clai