ORDER

28.02.2025 Heard Mr. N Borah, learned counsel for the petitioners. Also heard Mr. A.

Chaliha, learned counsel for the Finance Department and Mr. B. Kaushik, learned counsel for the Elementary Education Department.

2. The petitioners’ case is that they had been selected as Stipendiary teachers, pursuant to a selection process on the basis of an advertisement. The petitioners were thereafter allowed to undergo the Assam Junior Basic Training Course and had successfully completed the same. The petitioners were also allowed to draw the regular time scale of pay. The petitioners were thereafter regularised by way of order dated 11.04.2018. The petitioners’ counsel submits that the petitioners have not been given their time scale of pay since the date of completion of their Junior Basic Training Course prior to 2005 and neither have they been given their pension in terms of the Assam Services (Pension) Rules, 1969.

3. The petitioners’ counsel submits that as the petitioners have completed their Junior Basic Training Course prior to 2005, i.e., the year the New Pension Policy came to force on 01.02.2005 and as the condition in their appointment letters as Stipendiary teachers provided that time scale of pay would be provided to those Stipendiary teachers who had completed the Junior Basic Training Course, the petitioners cannot be denied the benefits of the conditions stipulated in the appointment letter issued to them. In this respect, he has relied upon the judgment & order dated 31.03.2023 passed in WP(C) 6403/2021 (Purnima Hore & Anr. vs. The State of Assam & 3 Ors.) and the judgment & order dated 30.10.2019 passed in WP(C) 7831/2019 (Jibon Mahanta & 8 Ors.

vs. The State of Assam & 5 Ors.).

4. Mr. A. Chaliha, learned counsel for the Finance Department and Mr. B. Kaushik, learned counsel for the Elementary Education Department submit that the case of the petitioners appears to be covered by the judgments and orders dated 31.03.2023 and 30.10.2019 passed in Purnima Hore (supra) and Jibon Mahanta (supra) respectively. However, they pray that the State respondents may be allowed to undertake a verification of the petitioners’ particulars, prior to extending the benefits of the judgments and orders quoted above.

5. I have heard the learned counsels for the parties.

6. Para 118 of the judgment and order dated 31.03.2023 in WP(C)

6403/2021 states as follows:-

“118. In the backdrop of the above, this Court, therefore, disposes of the instant batch of writ petitions with the following observations and directions:-

(i) The writ petitioners who come within the fold of Stipendiary Teachers are entitled to the benefits under the Rules of 1969 and they are not covered under the NDCPS, 2009. The said petitioners are also entitled to subscribe to the GPF. The said petitioners would also be entitled to all other pensionary benefits to which a Government servant of corresponding rank is entitled to.

(ii) The writ petitioners who come within the fold of Dropped Teachers are not entitled to pension in terms with the Rules of 1969 as well as also shall not be entitled to join the fund in terms with the General Provident Fund (Assam Service) Rules, 1937, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.

(iii) The teachers coming within the fold of Teachers Appointed under the Operation Black Board, and more particularly, those teachers who were appointed pursuant to the creation of 7066 posts on 08.03.2021, would not be entitled to pension in terms with Rules of 1969 as well as also shall not be entitled to join the fund in terms with the General Provident Fund (Assam Service) Rules, 1937. They shall be governed by the New Pension Scheme applicable to State Government employees of corresponding rank.

(iv) The writ petitioners who come within the fold of Excess Teachers would not be entitled to the pension in terms with the Rules of 1969 as well as also shall not entitled to subscribe