Page No.# 1/4 GAHC010012692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/519/2024 ABDUL JALIL BARBHUIYA S/O- LATE MUBESIL ALI BARBHUIYA, VILLAGE- BURIBAIL, P.O- BURIBAIL, P.S- BORKHOLA, DIST- CACHAR, ASSAM, PIN-788025 VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT DISPUR, JANATA BHAWAN, GUWAHATI-6. 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHATI-29 ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM 5:THE INSPECTOR OF SCHOOLS CDC Page No.# 2/4 SILCHAR CACHAR 6:THE BLOCK ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM 7:THE TREASURY OFFICER SILCHAR CACHAR 8:THE HEAD MASTER A.C MEMORIAL HIGH SCHOOL NIZ JOYNAGAR CACHAR PIN-78802 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : SC, SEC. EDU., SC, AG,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27.01.2025 Heard Mr. I. Alam, learned counsel for the petitioner. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Department and Mr. B. Sarma, learned counsel for the Accountant General (A&E), Assam. 2. The petitioner’s case is that the petitioner had been allotted GPF Account No. PED/295044, vide letter No. GPF/EDP-Cell/Allot/833 dated 25.03.2022 issued by the Senior Accounts Officer, office of the Principal Accountant General (A&E), Assam. 3. The grievance of the petitioner is that despite the petitioner having been allotted a GPF number and despite the Assam Services (Pension) Rules, 1969 Page No.# 3/4 being applicable to the petitioner, the State respondents have been deducting Contributory Provident Fund (CPF) from the salary of the petitioner under the New Pension Scheme (NPS) that had been made applicable in the State of Assam. 4. The petitioner’s counsel submits that when the petitioner was allotted a GPF number by the office of the Principal Accountant General (A&E), Assam, due to which the Assam Services (Pension) Rules, 1969 is applicable to the petitioner, the deduction of his salary towards the petitioner’s NPS account is arbitrary and has to be set aside. He submits that the amount that has been deducted by the State respondents as CPF, should be deposited in the GPF account of the petitioner, as the petitioner cannot have an NPS account when the Assam Services (Pension) Rules, 1969 is applicable to the petitioner. 5. Mr. B. Sarma, learned counsel for the Accountant General has submitted letter No. Legal Cell/ITS-II/WP(C) No. 519/2024/10 dated 08.04.2024 issued by the Senior Accounts Officer, Legal Cell, which is to the effect that as a GPF account number has already been allotted to the petitioner, only the concerned Department can give the reasons as to why a part of the petitioner’s salary is being deducted towards the New Pension Scheme. 6. Ms. P. Das, learned Standing Counsel, Secondary Education Department submits that she has not received any instructions and has no comments to be made. 7. I have heard the learned counsels for the parties. 8. The letter dated 08.04.2024 issued by the Senior Accounts Officer, Legal Page No.# 4/4 Cell, clearly implies that once the GPF account number has been allotted to a Government officer, the Assam Services (Pension) Rules, 1969 becomes applicable to the Government Officer and he would not come under the provisions of the New Pension Scheme. Consequently, the action of the State respondents in deducting the petitioner’s salary towards contribution to the New Pension Scheme is without any reason and accordingly the same is found to be arbitrary. The petitioner, having been given a GPF account number, would be governed by the Assam Services (Pension) Rules, 1969. As such, to cure the defect in the State respondents’ action in deducting the Contributory Provident Fund from the petitioner’s salary towards New Pension Scheme, the State respondents are directed to transfer the accumulated Contributory Provident Fund amount to the GPF account number of the petitioner. The same should be done by the respondents within a period of two months from the date of receipt of a certified copy of this order. 9. The letter dated 08.04.2024 issued by the Senior Accounts Officer, Legal Cell is made a part of the record and marked as Annexure-X. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant