Disposed

Hanif Uddin Mondal and 8 Ors. v. the State of Assam and 7 Ors.

Gauhati HC19 May 2022WP(C)/2168/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of writ petitions filed by teachers regarding their eligibility for pension under the 1969 Rules versus the New Defined Contribution Pension Scheme. The Court ruled that the judgment in WP(C) No. 5073/2014 applies, directing the Finance Department to decide their coverage based on that precedent and the outcome of that decision.

What did the court decide?

No specific relief granted; the petitioners were directed to submit order copies to the Finance Department to determine their pension scheme coverage based on the judgment in WP(C) No. 5073/2014.

Hanif Uddin Mondal and 8 Ors. Vs the State… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010057782022

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

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Case No. : WP(C)/2168/2022

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HANIF UDDIN MONDAL AND 8 ORS ASSTT. TEACHER OF MAYERCHAR HIGH SCHOOL, S/O LATE SHAHAB UDDIN MONDAL, VILLAGE- MAYERCHAR PART VII (BAGHPARA), P.O. NAYERALGA, DISTRICT- DHUBRI, ASSAM

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2: SYED ASGAR ALI AHMED ASSTT. TEACHER OF GUTIPARA HIGH SCHOOL

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S/O SYED ABDUL HAMID SARKAR

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VILLAGE- GUTIPARA PART III

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P.O. GUTIPARA

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DISTRICT- DHUBRI ASSAM

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3: MONIR UDDIN AHMED ASSTT. TEACHER OF NAYERALGA HS SCHOOL

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S/O LATE FAZLUR RAHMAN

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VILLAGE- NAYERALGA PART III

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P.O. NAYERALGA

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DISTRICT- DHUBRI ASSAM

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4: JAHAN UDDIN SHEIKH ASSTT. TEACHER BUCHIRCHAR ME MADRASSA

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Page No.# 2/7

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S/O ABDUL AZIZ SHEIKH

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VILLAGE- SAGUNMARI PART III

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P.O. BILASHIPARA

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DISTRICT- DHUBRI ASSAM

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5: MOBAROK ALI HOQUE ASSTT.TEACHER PUB NAYERALGA ME MADRASSA S/O ABDUL MOZID

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VILLAGE- NAYERALGA PART II

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P.O. NAYERALGA

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DISTRICT- DHUBRI ASSAM

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6: SUBAR UDDIN SHEIKH ASSTT.TEACHER PUB NAYERALGA ME MADRASSA S/O SAHEB ALI

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VILLAGE- SOGUNMARI PART IV

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P.O. BILASHIPARA

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DISTRICT- DHUBRI ASSAM

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7: SOFIAR ROHMAN ASSTT. TEACHER SONTOSHPUR LP SCHOOL

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S/O LATE NIZAM UDDIN SHEIKH

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VILLAGE- KAMAR DIHI PART I

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P.O. TILAPARA

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DISTRICT- DHUBRI ASSAM

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8: SOHRAB ALI MONDAL

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Page No.# 3/7

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ASSTT. TEACHER POHIPAR LP SCHOOL S/O SUKKUR ALI MONDAL

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VILLAGE- MAYERCHAR PART VI

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P.O. NAYERALGA

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DISTRICT- DHUBRI ASSAM 9: ABDUL JABBAR ASSTT. TEACHER SADHURCHAR LP SCHOOL

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S/O ABDUL KUDDUS

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VILLAGE- SUAPATA PART IV

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P.O. SUAPATA

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DISTRICT- DHUBRI ASSA

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI- 781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI- 781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM

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KAHILIPARA GUWAHATI- 781019

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6:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM. PIN- 783301

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7:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM. PIN- 783301

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8:THE DEPUTY INSPECTOR OF SCHOOLS BILASHIPARA CIRCLE P.O. BILASHIPARA DISTRICT- DHUBRI ASSAM. PIN- 78334

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Advocate for the Petitioner : MR. D A KAIYUM

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 19.5.2022

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Heard Mr. D. A. Kayum, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned Standing counsel, Finance department and Mr. U. Sarma, learned Standing Counsel, Secondary Education Department.

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Without adverting to the detail facts pertaining to the writ petitioners, for the purpose of these writ petitions we deem it appropriate that taking note of the following facts would be sufficient for passing appropriate order in the writ petitions.

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All the writ petitioners were initially appointed under the OBB-7066 Scheme. Earlier an issue had arisen as to whether the teachers who are appointed under the OBB-7066 scheme are entitled to regularization at a subsequent stage of their career.

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There are judicial pronouncements in favour of such teachers providing that they are entitled for such regularization. Pursuant to such adjudications, the petitioners were regularized in service. The process of regularizing the teachers appointed under the OBB-7066 scheme started from sometime in the year 2001. As a big number of teachers were involved in the process, it took a long time for the orders of regularization to be passed. In the process, the present writ petitioners were regularized in service sometime in the year 2010.

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The Finance Department of Government of Assam by the Office Memorandum dated 06.10.2009 introduced a New Defined Contribution Pension Scheme. The Memorandum itself provides that the New Defined Contribution Pension Scheme would be effective for all the new entrants joining the State Government service on a regular basis against vacant sanctioned post(s) on or after 01.02.2005.

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A reading of the adoption of the New Defined Contribution Pension Scheme makes it discernable that all such persons who had entered the State Government Service either by way of a fresh recruitment or by regularization after 01.02.2005 would be covered by the New Defined Contribution Pension Scheme and those who entered the State Government service prior to 01.02.2005 would be covered by the Assam Service (Pension) Rule, 1969.

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The teachers who were appointed by the OBB-7066 scheme, whose process for regularization started from the year 2001 but in fact were regularized after

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2005 had raised a grievance before this Court that as their regularization was delayed because of the enormity of the process and had it been otherwise, they would have been regularized prior to 01.02.2005 and therefore, they would be covered by the Assam Service (Pension) Rules, 1969 and not by the New Defined Contribution Pension Scheme which came into effect from 01.02.2005.

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The said issue was given a consideration by this Court in its judgment dated 12.04.2018 in WP(C) No. 5073/2014 and other related writ petitions. This Court by the said judgment of 12.04.2018 took note of the fact that as it was a continuous process of regularization which started from the year 2001 and it depended upon a chance as to who would be regularized early and who would be regularized later resulting in a situation where some of the teachers were regularized subsequent to 01.02.2005, it was not appropriate to form a different class from other teachers of the OBB-7066 scheme who were regularized prior to 01.02.2005. Consequent thereof, the Finance Department was directed to take a decision as to whether this class of employees would be covered by the Assam Service (Pension) Rules, 1969 or they would be covered by the New Defined Contribution Pension Scheme which came into effect from 01.02.2005. As these petitioners are similarly situated with those of the writ petitioners in WP(C) No. 5073/2014 and other writ petitions, we accordingly dispose of these writ petitions by providing that the judgment dated 12.04.2018 in WP(C) No. 5073/2014 would also cover the case of the present writ petitioners. In the event, any decision is taken by the Finance Department pursuant to the judgment dated 12.04.2018 in WP(C) No. 5073/2014 and other writ petitions, such decision shall also cover the present writ petitioners and depending on the decision to be taken, the present writ petitioners would be placed under the Assam Service (Pension) Rule, 1969 or the New Defined Contribution Pension

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Scheme, as the case may be.

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For completion of such exercise, the petitioner shall furnish a copy of the order passed today along with a copy of the writ petition before the Addl. Chief Secretary, Finance Department within a period of 15 days from today. On receipt of such documents and order, the competent authority shall determine the issue as aforesaid within a period of three months thereafter. The respondent shall intimate the outcome of such determination to the petitioner.

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Writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Hanif Uddin Mondal and 8 Ors. v. the State of Assam and 7 Ors.

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Hanif Uddin Mondal and 8 Ors. v. the State of Assam and 7 Ors.

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