Page No.# 1/5 GAHC010030002025 2025:GAU-AS:12799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/769/2025 HILAL UDDIN LASKAR S/O LATE ABUL HUSSAIN LASKAR, R/O VILLAGE AND P.O. BHATIRKUPA PART-III, P.S. AND DISTRICT- HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND OTHERS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARAL GUWAHATI-19 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DISTRICT- HAILAKANDI ASSAM PIN- 78815 Advocate for the Petitioner : MR. A K AZAD, MR M HUSSAIN,MR. S R BARBHUIYA,MR. N HAQUE Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 2/5 Linked Case : WP(C)/4651/2024 IMDAD HUSSAIN LASKAR AND 2 ORS S/O- LATE ABDUL KHALEQUE LASKAR RESIDENT OF WARD NO. 12 N.S ROAD HAILAKANDI P.O.- RATANPUR ROAD P.S. AND DISTRICT- HAILAKANDI ASSAM. 2: SUBARNA ROY W/O- ROJAT BORA GHOSH RESIDENT OF WARD NO. 3 HAILAKANDI TOWN P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM. 3: SUMAN BISWAS S/O- LATE SOUMINDRA NATH BISWAS RESIDENT OF SHIB BARI ROAD P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-6. 2:THE DIRECTOR Page No.# 3/5 ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DISTRICT- HAILAKANDI ASSAM PIN- 788151. ------------ Advocate for : MR. P K ROYCHOUDHURY Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 17.09.2025 Heard Mr. N Haque, learned counsel for the petitioner in WP(C) No. 769/2025 and Mr. P K Roychoudhury, learned counsel for the petitioners in WP(C) No. 4651/2024. Also heard Mr. A Phukan, learned Standing counsel, Elementary Education Department as well as Mr. A Chaliha, learned Standing counsel, Finance Department for the respondents. 2. The grievance canvassed in these two writ petitions is the refusal of the State Government to grant pension to the petitioners as per the Assam Services (Pension) Rules, 1969. 3. Mr. P K Roychoudhury, learned counsel for the petitioners submits that similar issue has been decided by the Division Bench of this Court by order dated 26.07.2024 passed in the case of Manaranjan Basumatary and 28 Ors. -Vs.- State of Assam and 6 Page No.# 4/5 Ors., being the leading case in Writ Appeal No. 188/2023 and other connected writ appeals. 4. Operative portion of the aforesaid order dated 26.07.2024 reads as hereunder – “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. 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. We hope that the Government shall take a decision expeditiously, preferably within a period of 6 (six) months from the date of receipt of a certified copy of this order.” 5. Having heard the learned counsels for the petitioners as well as the respondents and having perused the aforesaid order of the Division Bench of this Court, it appears that the petitioners of the present writ petitions were appointed in the year 1995 and their cases come within the ambit of the decision of the State Government held on 15.03.2024. Thus, I am of the considered view that in the interest of justice, these two writ petitions can also be disposed of with similar line in the case of Manaranjan Basumatary (Supra). Page No.# 5/5 6. Accordingly, it is provided that once the State Government decides to consider the demand of the employees who were appointed after 2005 wherein the recruitment process for the concerned posts were started prior to January, 2005, in the event the cases of the petitioners, after due verification, if covered by such decision, benefit of such decision shall also be given to them. 7. Ordered accordingly. 8. It is needless to be clarified that the petitioners shall also submit representation with all necessary documents before the respondent No. 1 to enable the respondent to do the needful in terms of the observations made hereinabove. 9. With the above observation and direction, these writ petitions, stands disposed of. JUDGE Comparing Assistant