A petitioner who voluntarily accepts an appointment order with explicit clauses precluding claims for past service arrears and limiting benefits to prospective start dates cannot, after retirement, challenge those stipulations to demand pension or salary arrears for the period of irregular service.

ORDER

Heard Mr. M. Kalita, learned counsel, appearing for the petitioner. Also heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department, appearing for the respondent no.1, 4, 5 and 6; Mr. A. Chaliha, learned Standing Counsel, Finance Department, appearing for the respondent no.2; and Mr. C. K. S. Baruah, learned Government Advocate, appearing for the respondent no.3.

2. The petitioner in the present writ petition has prayed for a direction upon the respondent authorities for payment of his arrear salaries as well as regular pension and pensionary benefits as per provisions of the Assam Services (Pension) Rules, 1969.

3. The petitioner in the present writ petition has projected that he was appointed as a Stipendiary Teacher at Rajgarh Ali L.P. School vide an order dated 30.01.1996, issued by the Deputy Inspector of Schools, Nazira. The petitioner was authorized a monthly stipend of Rs.900/-(Rupees Nine Hundred) only. The petitioner projects that thereafter, he undergone his Junior Basic Training at the Basic Training Centre at Sonari, Sivasagar, and had cleared the said training on 21.07.2001. The petitioner was, thereafter, vide an order dated 25.02.2002, authorized his pay and allowances in the scale of pay as mandated w.e.f. 12.06.2001. The petitioner further projects that his Service Book was, thereafter, opened and a GPF account no. was also allotted to him. The pay and allowances of the petitioner not having been released, the petitioner along with other similarly situated persons approached this Court by way of instituting a writ petition being WP(C).No.7655/2015. A Co-ordinate Bench of this Court vide order dated 16.06.2017, disposed of the said writ petition directing the respondent authorities to pay the current salaries of the petitioner within 02 (two) months by relying on a earlier decisions of the Court in the case of Babul Ali and Ors. Vs. State of Assam and Ors. in [WP(C).No.870/2012].

The petitioner being held to be illegally/irregularly appointed teacher, the case of the petitioner was placed before a constituted Committee for consideration of his case. The Committee on considering the case of the petitioner, proceeded to recommend him as a teacher in a Primary/Upper Primary School. Accordingly, the respondent authorities vide order dated 30.01.2021, proceeded to accommodate the petitioner as an Assistant Teacher in Rajgarh Ali L.P. School w.e.f 01.11.2020. The said order also stipulated that the petitioner’s such appointment would be with prospective effect and he would not claim any benefit whatsoever, in respect of his past services rendered by him prior to 01.11.2020. The petitioner, thereafter, on reaching the age of superannuation retired from his services w.e.f. 30.09.2024. It is after the retirement of the petitioner from his services that the petitioner has instituted the present writ petition praying for the reliefs as noticed, hereinabove.

4. Mr. M. Kalita, learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has submitted that the petitioner was initially recruited as a Stipendiary Teacher and on completion of his Basic Training Course, he was authorized the scale of pay attached to the pay of Assistant Teacher in L.P School.

The learned counsel for the petitioner has further submitted that the pay of the petitioner having been authorized a scale of pay, his appointment is held to be regular for all intent and purposes.

5. Mr. M. Kalita, further submits that a Co-ordinate Bench of this Court having disposed of the writ petition preferred by the petitioner claiming salaries w