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GAHC010045932026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1516/2026

SRI PRAHLAD DEURI

S/O- LATE MAMAN SINGH DEURI, ASSISTANT TEACHER, ASSAM ANDHA

SISHU VIDYALAYA, URBAN AREA, R/O- MAJOR CHAPORI, P.O.-

KINAPATHAR, P.S.- NARAYANPUR, DIST.- LAKHIMPUR, ASSAM, PIN-

784164

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TOO THE

GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR,

GUWAHATI-6

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

NORTH LAKHIMPUR

ASSAM

PIN- 787001

4:THE DEPUTY INSPECTOR OF SCHOOLS

NORTH LAKHIMPUR

DIST. NORTH LAKHIMPUR

ASSAM

PIN- 787001

5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

DEPARTMENT OF FINANCE

ASSAM CIVIL SECRETARIAT

DISPUR

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GUWAHATI

ASSAM

PIN- 781006

6:THE DIRECTOR OF PENSION

ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI

ASSAM

PIN- 78100

Advocate for the Petitioner : MR. I H SAIKIA, MS L HMAR,MR. K KALITA,MR. B

BORAH,MR K KASHYAB

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,GA, ASSAM

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 12.05.2026

Heard Mr. K. Kalita, learned counsel for the petitioner.

The petitioner, who has been appointed as a Stipendiary Assistant Teacher

in the year 1996, claims that he is entitled to the benefits of old pension scheme

under the provision of the Assam Services (Pension) Rules, 1969, on the ground

that he be deemed having been regularly appointed against a sanctioned post

prior to 01.02.2005, particularly in view of the fact that he was granted regular

scale of pay in the year 2015 by taking into consideration his continuous service

as an Assistant Teacher.

Issue notice, returnable by 4 (four) weeks.

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As Mr. P. K. Bora, learned Standing Counsel, Elementary Education

Department, for respondent Nos. 1 to 4; Mr. A. Chaliha, learned Standing

Counsel, Finance Department, for respondent No. 5; and Ms. S. Konwar, learned

State Counsel for respondent No. 6, enter appearances and accept notice on

behalf of all the respondents, issuance of formal notice to the respondents is

dispensed with. However, he shall be furnished with requisite extra-copy of the

petition during the course of the day.

Considering that Mr. Bora, learned Standing Counsel, Elementary

Education Department, has already received the instructions, he is directed to

file affidavit-in-opposition on or before the next date.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant