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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Juri Baruah W/o Kabin Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department, appearing for respondent Nos. 1-3, Ms. M. Barman, learned counsel appearing on behalf of Mr. S.K. Medhi, learned standing counsel, Accountant General (AG) Assam, respondent No.5 and Ms. D.D. Barman, learned Additional Senior Govt. Advocate, Assam, appearing for respondent No.6.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, Smt. Juri Baruah, has prayed for issuing direction to the respondent authorities for quashing the communication dated 12.09.2023 (Annexure-8), issued by the respondent No.2 and to direct the respondents to allow the petitioner to resume her service as Music Teacher of Bani Kanta Memorial H.S. School, Guwahati, by recalling the order of rejection of regularization of service of the petitioner dated 05.11.2012, issued by the Director of Secondary Education, Assam, or to pass similar order in respect of the petitioner in WP(C) No.3674/2011, dated 20.03.2012 (Annexure-10A), or alternatively to direct the respondents to grant voluntary retirement/compuls
Irregular appointments do not confer rights to service regularization or pension benefits; res judicata bars relitigation of previously adjudicated claims.
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 actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
Over 20 years continuous temporary service as qualified teacher entitles regularization and full retirement benefits despite no vacancies, as authorities must absorb or create posts per policy; denia....
The right to receive pensionary benefits is constitutional and cannot be denied based on non-regularization of service, particularly after long continuous service, as it violates principles of fairne....
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