Page No.# 1/5 GAHC010067512021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2706/2021 PRADIP CH BARUAH S/O LATE PRATAP CH. BARUAH, R/O VILLAGE BIDYAPUR, PS AND DIST. BONGAIGAON, ASSAM, ASSISTANT TEACHER OF 1034 NAGAJHAR L.P. SCHOOL VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM 4:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET) DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MRS. K DEVI, Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 21.02.2025 Heard Mrs. K. Devi, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned counsel for the respondent Nos.1,2 & 3 and Mr. B. Gogoi, learned counsel for the respondent No.4. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing a direction to the respondent authorities to bring the petitioner under the purview of the Assam Services (Pension) Rules 1969, and allowing him to continue to contribute in the General Provident Fund (GPF) with all consequential benefits. 3. Ms. Devi, learned counsel for the petitioner submits that the petitioner has been working as an Assistant Teacher in school No. 1034, Nagarjhar L.P. School, since 2001, and his service was regularized w.e.f 23.07.2010, and that he was brought under the ambit of ‘New Defined Contribution Pension Scheme’ instead of earlier GPF scheme of the Government of Assam, and although the service of the petitioner was regularized w.e.f from 23.07.2010, yet his initial appointment was on 12.03.2001, and as such, he has to be given the benefit of the old pension scheme. 4. Further, Ms. Devi, learned counsel for the petitioner, referring to a decision of a Division Bench of this Court in W.A. No. 188/2023, submits that while dealing with similar matter, this Division Bench of this Court in the aforementioned writ petition vide order dated 26.07.2024, has held that the Hon’ble Chief Minister of Assam, in a meeting with Assam Karmachari Parishad, held on 15.03.2024, decided that the Government of Assam, will consider the Page No.# 3/5 extending of the benefit of old pension scheme to those employees who joined the Government services after January, 2005, but, the recruitment process of the concerned post was started prior to January, 2005, in line with the Office Memorandum issued by the Central Government and thereafter, disposing of the appeal awaiting the decision of the State Government from the concerned issue. 5. Ms. Devi, learned counsel for the petitioner submits that in that view of the matter, this writ petition may be closed and in the event of failing to get any favourable decision from the Government, the petitioner may be granted liberty to approach this Court again. 6. Mr. Khataniar, learned counsel for the respondent Nos. 1,2 & 3 and Mr. Gogoi, learned counsel for the respondent No.4, submits that they have no objection in the event of disposing this petition in the line of the order passed in W.A. 188/2023. 7. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the order of the Division Bench of this Court dated 26.07.2024, in W.A. No. 188/2023. For the sake of clarity, the relevant portion of the order is extracted herein below: “It is informed that in a meeting took place between the Hon'ble Chief Minister of Assam with Assam Karmachari Parisahd, held on 15/03/2024. it is decided that the Government of Assam will Consider extending the benefit of old pension scheme to those employees who joined the Government services after January, 2005 but the recruitment process of the concerned post was started prior to January, 2005 in line with the Office Memorandum issued by the Central Government . Page No.# 4/5 Learned counsel for the appellants has submitted that all the appellants were appointed in the year 2001 and, therefore, their case comes within the ambit of aforesaid decision of the meeting. It is further submitted that the issue regarding extending the benefit of old pension scheme to those employees, who joined the Government services after 2005 wherein, the recruitment process was started prior to 2005, is pending with the Administrative Department. In view of the above development, we are of the view that once the State Government has decided to consider the demand of the employees, who were though appointed after 2005 wherein, the recruitment process of the concerned posts were started prior to January, 2005, despite the order passed by the learned Single Judge, it would be appropriate to dispose of these appeals, awaiting the decision of the State Government on this issue. It is made clear that if the appellants failed to get any favourable decision from the State Government, they are free to approach this Court again by filing fresh writ appeals. 8. Taking note of above, and also taking note of the submission of learned Advocates of both the parties, this Court is inclined to close this writ petition awaiting decision of the respondent authorities. However, liberty is granted to the petitioner to approach this Court again in the event of failing to get any favourable decision in respect of granting the benefit of old pension scheme. 9. In terms of above, this writ petition stands closed. JUDGE Page No.# 5/5 Comparing Assistant