Page No.# 1/7 GAHC010246642025 2026:GAU-AS:11961 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : WP(C)/6579/2025 ABU BOKKAR SIDDIQUE ANND 18 ORS SON OF MOBIZ ALI MONDAL RESIDENT OF VILLAGE- SHONAMOYEE P.O. AOLATOLI-783139 DISTRICT- GOALPARA ASSAM 2: MRS. ARATI NARZARY W/O MR KARA RAM DAIMARY VILL AND P.O. KHAIRABARI-784522 DIST. UDALGURI BTAD ASSAM 3: SRI PRADIP DEKA S/O SRI JHILKA DEKA RESIDENT OF VILL- JARGAON P.O. BARALAKHAT-784522 DIST. UDALGURI BTAD ASSAM 4: MD. ABDUL GOFUR S/O MOHAMMAD ALI R/O VILL- SANTIPUR P.O. AIRKATA-783330 DIST. DHUBRI ASSAM 5: NURUZZAMAN SON OF ABDUL MALEQUE RESIDENT OF VILL- MOIRAKUCHI PART-I P.O. AIRKATA-783330 Page No.# 2/7 DIST. DHUBRI ASSAM 6: MRS. MOBIDA AHMED W/O ABU BAKKAR SIDDIQUE RESIDENT OF VILL AND P.O. NAGARBERA-781127 DIST. KAMRUP ASSAM 7: MD. SHAHINUR ISLAM AHMED SON OF MOJAR ALI AHMED RESIDENT OF VIL- CHENGURCHAR P.O. PURANDIARA-783135 DIST. SOUTH SALMARA ASSAM 8: AKBAR BADSHA SON OF JURAN ALI R/O VILL AND P.O. HATSINGIMARI-783135 DIST. SOUTH SALMARA 9: MD. ABDUS SATTAR SON OF MD. JOYNAL ABEDIN RESIDENT OF VILL- CHIKNI P.O. KAPAHTALI-781321 DIST. BARPETA ASSAM 10: MD. MONIRUZZAMAN SHEIKH SON OF MOZAMMUL HAQUE BEPARI RESIDENT OF VIL- TILAPARA P.O. PURANDIARA-783135 DIST. SOUTH SALMARA ASSAM 11: KULDIP RAJIB SON OF LATE SAMSUL HAQUE RESIDENT OF VILL AND P.O. MOINBARI-781321 DIST. BARPETA ASSAM 12: JAHAN UDDIN AKOND SONOF MD. ABDUR RAHMAN AKOND RESIDENT OF VILL- ROGHUPARA P.O. FEKAMARI-783135 DIST. SOUTH SALMARA ASSAM Page No.# 3/7 13: AMIRUL ISLAM SON OF SOYED ALI RESIDENT OF VILL- KATHALBARI P.O. PURANDIARA-783135 DIST. SOUTH SALMARA ASSAM 14: SAMSUL ALAM MONDAL S/O SHUDERU MONDAL R/O VILL- DAYARCHAR P.O. FEKAMARI-783135 DIST. SOUTH SALMARA ASSAM 15: MR. EUNICH HOQUE SON OF LATE AMIRUDDIN BEPARI RESIDENT OF VILL AND P.O. JHAPUSABARI-783335 DIST. DHUBRI ASSAM 16: BASIRUDDIN BEPARI SON OF LATE MONIRUDDIN SK. R/O VILL- TALLI PART-I P.O. AGOMONI-78335 DIST. DHUBRI ASSAM 17: MOSTAFIZUR RAHMAN SON OF SUZAD ALI SARKAR RESIDENT OF VILL- CHAGALIA PART-II P.O. CHAGOLIA -783335 DIST. DHUBRI ASSAM 18: ROWSHAN ALOM S/O GAFUR UDDIN MONDAL R/O VILL AND P.O. HATSINGIMARI-783135 DIST. SOUTH SALMARA ASSAM 19: MD. MONIRUZZAMAN SHEIKH S/O ABDUL KHALEQUE SHEIKH RESIDENT OF VILL- BHINAPARA P.O. HATSINGIMARI -783135 DIST. SOUTH SALMARA ASSAM Page No.# 4/7 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR P.O. GUWAHATI 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR P.O. GUWAHATI-781006 3:THE DIRECTOR OF HIGHER EDUCATION GOVT. OF ASSAM KAHILIPARA P.O. GUWAHATI-19 ------------ Advocate for : MR J C GAUR Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS Page No.# 5/7 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 21.08.2026 Heard Mr. J. C. Gaur, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education Department and Mr. A. Atreya, learned Standing Counsel, BTC for respondent nos. 5 and6. 2. The learned counsel for the petitioners submits that they were appointed as Lecturers/Assistant Professors and the grievance is that they should be given pension as per the Old Pension Scheme (OPS), in view of the decision taken by the State Government which was chaired by the Chief Minister of the State on 11.01.2025. Referring to the proceedings of the meeting, annexed as Annexure- G, the learned counsel submits that those who have been appointed prior to January 2005 are eligible to get pension as per the OPS. He submits that all the petitioners have been appointed prior to this date and therefore, they are eligible. Since the cases of the petitioners have not been considered, they are before this Court. 3. Mr. J. C. Gaur, learned counsel for the petitioner further submits that the case of the petitioner is squarely covered by the judgment and order dated 06.04.2026 passed by the coordinate Bench of this Court in Dr. Jonali Kalita & 10 Ors. Vs. The State of Assam and 6 Ors, WP(C) No. 1944/2026, relevant paragraph of the aforesaid judgment reads as Page No.# 6/7 under:- “(6) Under the circumstances, this Court is inclined to disposed of this writ petition by directing the petitioners to submit their respective representations before the Director concerned under whose administrative control they are working, within a period of fifteen (15) days from today. Upon submission of the representations, the Director concerned, shall take necessary action to consider the same in accordance with the Government's decision and by taking approval of the Government, where necessary. Upon doing so, the Director shall dispose of the representation by way a reasoned and speaking order within a period of three (3) months from the date of receipt of such representations.” 4. Mr. Mr. S. Das, learned Standing Counsel, Higher Education Department consents to the aforesaid position. 5. Having heard the learned counsel for the parties and having perused the material available on record including the judgment and order dated 06.04.2026, passed by the coordinate Bench of this Court in WP(C) No. 1944/2026, this Court deems appropriate to dispose of this writ petition in line of Dr. Jonali Kalita(Supra). Accordingly, it is provided that the petitioner shall submit their respective representation before the Director concerned under whose administrative control they are working within period of 15 days from today. 6. Upon submission of the representation, the Director Concerned shall take necessary action to consider the same in accordance with the Government’s decision and by taking approval of the Government wherever necessary. 7. Upon doing so, the Director shall dispose of the representation by a reasoned and speaking order within a period of three months from the date of receipt of such representation. Page No.# 7/7 8. With the above observation and direction, the writ petition stand disposed of. JUDGE Comparing Assistant