Page No.# 1/5 GAHC010265162024 2025:GAU-AS:7918 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6698/2024 NURUL ISLAM AND 10 ORS. S/O- LATE TAMAR UDDIN, R/O- VILL.- HATIMURIA, P.O. MOIRABARI, P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN- 782126. 2: MD. ABDUS SAMAD S/O- LATE ABDUL KADIR R/O- VILL.- HATIMURIA P.O. MOIRABARI P.S. MOIRABARI DIST. MORIGAON ASSAM PIN- 782126. 3: ABDUL AZIZ S/O- LATE ABDUL JABBER R/O- VILL.- HATIPUKHURI P.O. HATIPUKHURI P.S. RUPOHI HAT DIST. NAGAON ASSAM PIN- 782125. 4: SHAHID ULLAH S/O- LATE AMIR UDDIN R/O- VILL.- PACHIM LORIMUKH P.O. MAGURMARI P.S. RUPOHI HAT DIST. NAGAON ASSAM PIN- 782140. 5: ABDUL NOOR S/O- LATE ABDUL HAKIM VILL.- BARTHAL KACHARIGAON Page No.# 2/5 P.O. DALAIGAON P.S. MOIRABARI DIST. MORIGAON ASSAM PIN- 782126. 6: JAHIR UDDIN AHMED S/O- MOFIZ UDDIN VILL.- DAKHIN KHATUWAL P.O. TARABARI P.S. RUPOHI HAT DIST. MORIGAON ASSAM PIN- 782125. 7: SAFILA KHATUN S/O- LATE ASAN ALI SARKAR VILL.- BORTHAL DOLOIGAON P.O. DOLOIGAON P.S. MOIRABARI DIST. MORIGAON ASSAM PIN- 782126. 8: NUR HUSSAIN S/O- USMAN ALI VILL.- BATAMARI P.O. BALIKATIA P.S. JURIA DIST. NAGAON ASSAM PIN- 782124. 9: SELIMA AHMED W/O- ABDUL BARI VILL.- SHIMALUATI P.O. ALITANGONI P.S. JURIA DIST. NAGAON ASSAM PIN- 782124. 10: HASSAN HAZARIKA S/O- LATE MAMUD ALI VILL.- JENGONI P.O. JENGONI PS. DHING DIST. NAGAON Page No.# 3/5 ASSAM PIN- 782122. 11: JALAL UDDIN AHMED S/O- LATE ABDUL NOBI VILL- 1 NO. GAYAN GAON P.O. GAYAN GAON P.S. DHING DIST. NAGAON ASSAM PIN- 782126 VERSUS THE STATE OF ASSAM AND 2 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON DIST. NAGAON ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM Advocate for the Respondent : SC, ELEM. EDU, BEFORE HON’BLE MR. JUSTICE NELSON SAILO 16.06.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioners. Also heard Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department for all the respondents. (2) Having regard to the nature of the case as projected by the petitioners, Page No.# 4/5 this writ petition is taken up for disposal at the motion stage itself. (3) It is the claim of the petitioners that they are similarly situated like those school teachers of Nagaon district, who were considered for being covered by the Assam Services (Pension) Rules, 1969 (Rules of 1969). Earlier two sets of writ petitioners approached this Court by filing WP(C) Nos.8694/2018 and 7873/2015. Both the writ petitions were disposed of by this Court by passing a common order dated 12.08.2021 by relying upon the earlier judgment rendered by this Court on 28.04.2015 in WP(C) 3662/2009, wherein it was held that the New Pension Scheme would not be applicable to the petitioners whose services were regularized prior to the amendment of the 1969 Rules. In fact, a review petition was filed by the department, i.e. Review Pet. No.16/2019 for review of the order dated 28.04.2015 and the said review petition was also dismissed by this Court vide order dated 11.02.2021. Learned counsel for the petitioners, therefore, submits that the present petitioners are squarely covered by the said order dated 28.04.2015 as their names, except the petitioner No.7, appeared in the list of 117 school teachers enclosed with the order dated 17.08.2005 issued by the Director of Elementary Education, Assam vide Memo No.Em-48/2005/13 whereby their services were regularized with effect from the date of their joining against the vacant posts. That in respect of petitioner No.7, her services were regularized on 04.02.2006. (4) Having regard to the above projection, this writ petition is disposed of with the direction to the respondent authorities to examine the case of the petitioners as to whether they are similarly situated with the petitioners in WP(C) Nos.8694/2018 and 7873/2015. Upon completion of such verification, if the petitioners are indeed found to be similarly placed, they shall be given the similar benefit as was extended to the petitioners in the above-referred writ Page No.# 5/5 petitions by grating them pension as per the Rules of 1969. Such exercise be initiated and completed within a period of 3 (three) months from the date of receipt of certified copy of this order. (5) It is provided herein that the respondent authorities shall take into consideration the minutes of the meeting held on 15.03.2024 in the Conference Hall of Hon’ble Chief Minister of Assam under his Chairmanship, a copy of which has been annexed to the writ petition as Annexure-9 (source of which is objected by the learned Standing Counsel of the Elementary Education Department). The respondent authorities shall also take into consideration the case of Purnima Hore and another vs. State of Assam and others [WP(C) 6403/2021] ,which is reported in 2023 SCC Online Gau 1165. JUDGE Comparing Assistant