GAHC010106282019 2026:GAU-AS:3019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3737/2019 DEBAJIT KR. BORAH S/O. LT. SURENDRA NATH BORAH, PRESENTLY RESIDING (SAMANNYA), SBI STAFF QT. NO. E-5, RUKMINIGAON, GUWAHATI-22 AND PERMANENT R/O. DICHOLNAGAR, P.S. JORHAT, DIST. JORHAT, ASSAM.

VERSUS THE STATE OF ASSAM AND 3 ORS.

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, POLITICAL (A)

DEPTT., DISPUR, GUWAHATI-781006.

2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006.

3:THE ASSAM HUMAN RIGHTS COMMISSION REP. BY ITS SECRETARY STATFED H O BUILDING GMC ROAD BHANGAGARH GUWAHATI-781005.

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT.) DEPTT.

DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. S BARUAH, MR D DEKA,MR. N K KALITA,M. BORUAH,N ALAM,MR. P MAZUMDER,MR. S CHAUHAN,MR. S CHAUHAN,MR. DEBABRAT CHUTIA Advocate for the Respondent : GA, ASSAM, SC, FINANCE,MS. N CHAKRABORTY,MS. S BORA BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

24/02/2026 Heard Mr. N K Kalita, learned counsel for the petitioner. Also heard Mr. A Chakraborty, learned Government Advocate, Assam, appearing for the respondent Nos. 1 & 2 and Mr. R Barpujari, learned Standing counsel, Finance Department, appearing for the respondent No.

4. None has entered appearance for the respondent No. 3.

2. The grievance raised by the petitioner in the present writ petition is to the effect that he is to be construed to be an employee in service with effect from the date of his initial appointment on temporary basis, i.e., w.e.f. 16.05.1998 and accordingly, a declaration is sought to the effect that he is covered under the Old Pension Scheme and not under the New Pension Scheme.

3. The petitioner, herein, was initially recruited as a Lower Division Assistant (LDA) in the establishment of the Assam Human Rights Commission (hereinafter, referred to as the Commission). Such engagement of the petitioner was so effected, w.e.f. 16.05.1998. The petitioner, thereafter, continued in his services in such capacity as an LDA on fixed pay basis. The regularization of the petitioner and other similarly situated employees engaged in the Commission, not having been effected by the authorities and posts in this connection not being sanctioned by the Government of Assam, the petitioner along with others approached this Court by way of instituting a writ petition, being WP(C) No. 2966/2002. The said writ petition was given a final consideration by a Co-ordinate Bench of this Court and vide judgment and order dated 13.04.2005, the same was disposed of with a direction, inter-alia, to the respondent authorities to consider and take a decision with regard to framing of service rules, creation of posts and fixation of pay scale of the employees working in the Commission. A further direction was issued to consider the case of the petitioners, therein, for regularization of their services.

In pursuance to the directions passed by a Co-ordinate Bench of this Court vide judgment and order dated 13.04.2005, the Commission in its meeting held on 26.07.2006 arrived at a decision to regularize the services of the employees working, therein, including the petitioner, herein. Accordingly, vide an order dated 31.07.2006, the services of the petitioner came to be regularized against the post of LDA, as available in the Commission. The petitioner, being an appointee after 01.02.2005, he was held to be covered by the provisions of the New Defined Contribution Pension Scheme and not by the Old Pension Scheme under the provisions of the Assam Services (Pension) Rules, 1969.

It is projected that the petitioner had also subscribed for the New Defined Contribution Pension Scheme. The petitioner, thereafter, superannuated from his services. On the pension and pensionary benefits dues to the petitioner being so processed under the New Defined Contribution Pension Scheme and the petitioner, not being allowed to avail the benefits u