Pension rights are strictly governed by statutory provisions, and prior service cannot alone justify pension entitlement when categorized as Normal Sector Employees.

JUDGMENT :

VIJAY BISHNOI, CJ.

1. This writ appeal is filed by the appellants being aggrieved with the judgment and order dated 31.03.2023 passed by the learned Single Judge in WP (C) No. 5409/2020 along with other connected writ petitions titled as Purnima Hore Vs. The State of Assam .

2. The facts of the case are that the appellants were appointed as Assistant Teachers in different Lower Primary Schools under Dima Hasao District [erstwhile North Cachar Hills Autonomous District Council, Haflong]. Later on, the services of the appellants were regularized. The appellants are claiming that their services were regularized in between the year 2007 to 2013 i.e. admittedly after 01.02.2005 from which date the New Defined Contribution Pension Scheme (hereinafter referred as “New Pension Scheme”) came into effect.

3. The learned Single has dealt with the claim of the appellants for their entitlement of pensionary benefits under Assam Services (Pension) Rules, 1969 [hereinafter to be referred as “Rules of 1969”] and has rejected their claim while holding that the appellants are not entitled for pensionary benefits under the Rules of 1969.

4. The relevant portion of the impugned judgment dated 31.03.2023 in relation to the teachers appointed in the 6th Schedule area (Dima Hasao District Council) is reproduced hereunder:-

“115. The cases of the teachers of the instant category are in WP(C) No.5409/2020 and WP(C) No.5895/2021. In these two cases, this Court had earlier reserved the judgment on 23.02.2023. However, in the meantime, an additional affidavit-in-opposition was filed by the District Primary Education Officer, Dima Hasao, Hallong on 15.03.2022. Taking into account the said affidavit, this Court further heard these matters on 23.03.2023. Before dealing with the facts involved, it would be relevant to take note of that in the 6th Schedule Areas, more particularly in the Dima Hasao District Council, the said District Council has two sets of employees working; one category of employees is governed by the Service Rules of the North Cachar Hill Autonomous Council (presently known as Dima Hasao Autonomous Council) where employees are not entitled for pension and they are known as the Normal Sector Employees. Their salaries are being paid from the revenue earned by the Autonomous Council. The other category of employees are governed by the Assam State Government Service Rules and they are entitled for pension and other service benefits as declared by the State Government from time to time and they are called District Cadre State Sector Employees. In respect to later category of employees, their salaries are being paid by the State Government from the State Exchequer. It is also a practice that when vacancy arises in the State Sector, the employees working under the Normal Sector get an opportunity to apply for the same and as per the requirement and the qualification of the candidates, they are brought within the fold of the State Sector.

116. It is an admitted position that the petitioners in both the writ petitions were first appointed as the Normal Sector Employees by the North Cachar Hill Autonomous Council (as it was then existed). Subsequent thereto, when the vacancies arose in the State Sector, the North Cachar Hill Autonomous Council/Dima Hasao Autonomous Council allowed regularization of the LP School teachers thereby brining in them within the fold of State Sector by passing appropriate orders. A perusal of the writ petition in WP(C) No.5409/2020 would show that on 25.10.2010 and on 28.06.2013, the petitioners herein who were serving under non-sanctioned posts (