Page No.# 1/11 GAHC010246642025 2026:GAU-AS:11961 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : WP(C)/5588/2025 SMTI DIPTI DEVI AND 32 ORS D/O-SRI DWIJEN CHANDRA NATH ASSTT. PROFESSOR MAZBAT COLLEGE R/O-4D MARLYN APARTMENT A.G. OFFICE ROAD BASISTHA P.O.-GUWAHATI-781028 P. O. -MAZBAT DISTRICT-UDALGURI ASSAM. 2: DR. KARUNA KANTA DEKA S/O KABIRAM DEKA ASSTT. PROFESSOR KHOIRABARI COLLEGE RESIDENT OF HOUSE NO. 76 VILLAGE KONWARPARA PO MANGALDOI ASSAM 784125 3: SRI NRIPESH KALITA S/O BHARAT CHANDRA KALITA ASSTT. PROFESSOR KHOIRABARI COLLEGE RESIDENT OF PO KHOIRABARI 784522M DUST DARRANG ASSAM 4: SMTI RUPALI SAIKIA W/O SRI NRIPESH KALITA Page No.# 2/11 ASST. PROFESSOR KHOIRABARI COLLEGE RESIDENT OF PO KHOIRABARI DIST DARRANG ASSAM 784522 5: DR. PABITRA SARMAH S/O LATE UMAKANTA SARMAH ASSTT. PROFESSOR KHOIRABARI COLLEGE RESIDENT OF VILLAGE PRAGATIPUR 784509 DIST UDALGURI ASSAM 6: DR. GEETA KALITA LAHKAR W/O MR. BHABEN CHANDRA LAHKAR ASSTT. PROFESSOR MAZBAT COLLEGE RESIDENT OF HOUSE NO. 47 SANKAR NAGAR WEST HAZARAPAR PO TEZPUR 784001 7: DR. NARMADA NATH W/O SRI PABAN KUMAR NATH ASSTT. PROFESSOR MAZBAT COLLEGE RESIDENT OF VILLAGE UPAHUPARA COLLEGE NAGAR PO MANGALDAI 784125 8: SRI GOPAL DAHAL S/O CHARUMANI UPADHYAY ASSTT. PROFESSOR MAZBAT COLLEGE RESIDNET OF PO JAMUGURI DIST UDALGURI BTR ASSAM 9: SMTI MINATI PATOWARI D/O LATE PRATAP PATOWARII ASSTT. PROFESSOR MAZBAT COLLEGE RESIDENT OF VILLAGE KHARAMAKHA Page No.# 3/11 PO MAZBAT DIST UDALGURI ASSAM 784507 10: DR. LINA DEKA D/O MADHAB CHANDRA DEKA ASST. PROFESSOR BELTOLA COLLEGE RESIDENT OF SANTIPUR HILLSIDE BHARALUMUKH PO GUWAHATI 781009 ASSAM 11: SRI L. ANIL KUMAR SINGHA S/O LATE ABIR SINGHA SUBJECT TEACHAR SANARIE MITIE H.S.SCHOOL RESIDENT OF RAJESWARPUR PO HAILAKANDI ASSAM 788168 12: MR KHIZIR AHMED MAZARBHUIYA S/O RAHIMUDDIN MAZARBHUIYA P.G.T LAKSHIRBOND H.S SCHOOL RESIDENT OF VILLAGE BHATIRKUPA PART II PO BHATIRKUPA 788152 DIST HAILAKANDI ASSAM 13: JAMRUL ISLAM BARBHUIYA S/O HARUN RASHID BARBHUIYA PGT LAKSHIRBOND H.S SCHOOL RESIDENT OF VILLAGE AND PO GANGPUR BHUMKAR PART III 788152 DIST HAILAKANDI ASSAM 14: MS. MAZNUN NAHAR BARBHUIYA W/O AZIZUR RAHMAN CHOUDHURY PGT LAKSHIRBOND H.S SCHOOL RESIDENT OF VILLAGE AND PO GANGPUR DHUMKAR PART III 7888152 DIST HAILAKANDI ASSAM Page No.# 4/11 15: MR. ABIDUR RAHMAN MAZARBHUIYA SO ABDUL LATIF CHOUDHURY PGT LAKSHIRBOND H.S SCHOOL RESIDENT OF PO GANGPUR DHUMKAR PART III 788152 DIST HAILAKANDI ASSAM 16: NUR AHMED BARBHUIYA S/O SAUKAT ALI BARBHUIYA GRADE IV EMPLOYEE LAKSHIRBOND H.S SCHOOL RESIDENT OF VILLAGE BAHADURPUR PART I PO RANGAUTI 788155 DIST HAILAKANDI ASASM 17: HAFIZUL ALAM CHOUDHURY S/O ABDUL LATIF CHOUDHURY JR. ASSTT. LAKSHIRBOND H.S SCHOOL. RESIDENT OF PO LAKSHIRBOND PART I 788155 ASSAM 18: ALMAS HUSSAIN LASKAR S/O LATE MAKBUL ALI LASKAR SR. ASSTT. LAKSHIRBOND H.S SCHOOL RESIDENT OF VILLAGE NORTH NARAYANPUR PART III PO NARAYANPUR NORTH 788801 DIST HAILAKANDI ASSAM 19: JYOTIMA DEVI W/O SASHINDRA SARMA ASSTT. PROFESSOR KHOIRABARI COLLEGE RESIDENT OF HOUSE NO. 64 A VILLAGE PO DHUPGURI 784528 PS KHOIRABARI ASSAM 20: SRI PURNA KANTA MAHANTA S/O LATE CHANDRA KANTA MAHANTA ASST. PROFESSOR DULIAJAN GIRLS COLLEGE RESIDENT OF MOIRAMORA SATRA PO NAGAGAON Page No.# 5/11 DIST SIVASAGAR ASSAM 785701 21: SMTI SUJATA BARBKAKATI D/O LATE DHYAN SARMA ASSTT. PROFESSOR DULIAJAN GIRLS COLLEGE RESIDENT OF BELTOLA PO GUWAHATI 781029 ASSAM 22: SRI SATINDRA NATH SARMA S/O LATE GARGA NATH SARMA SUBJECT TEACHER BANGSHAR HIGHER SECONDARY SCHOOL RESDIENT OF PO SUALKUCHI 781103 ASSAM 23: DR. PRABHAT CHANDRA KALITA S/O LATE DULAL CHANDRA KALITA RETIRED PRINCIPAL P.B ANCHALIK MAHAVIDYALAYA RESIDENT OF VILLAGE MALIKUCHI (DIGHELI) PO BARDIGHELI 781334 DIST NALBARI ASSAM 24: DR. DEEPALI OJAH W/O LATE DR. ADITYA RAM OJAH RETIRED PRINCIPAL BELTOLA COLLEGE RESIDENT OF 6A ZAKIR HUSSAIN PATH BYE LANE 8 KALAGURU PATH SARUMOTORIA PO GUWAHATI 781036 25: DR. RITA DUTTA HAZARIKA W/O SANJEEV HAZARIKA RETIRED PRINCIPAL NARENGI ANCHALIK MAHAVIDYALAYA RESIDENT OF HOUSE NO. 201 MANISHA HERITAGE GAUTAM UPA PATH BASISTHAPUR DISPUR PO GUWAHATI 781006 ASSAM Page No.# 6/11 26: DR. RUPAM KUMAR BRAHMA S/O LATE TRAILAKYA NATH BRAHMA RETIRED PRINCIPAL GIRLS COLLEGE KOKRAJHAR RESIDENT OF INDRAPUR ROAD BRAHMA MANDIR PO KOKRAJHAR ASSAM 783370 BTC 27: DR. LAKHIMI PHUKAN W/O MR. TAPAN NEOG RETIRED PRINCIPAL DULIAJAN GIRLS COLLEGE RESIDENT OF SURAKSHA NAGAR NEAR JCS GUEST HOUSE PO DULIAJAN 786602 DIST DIBRUGARH ASSAM 28: SRI BHADRESWAR DEKA S/O LATE JITRAM DAS RETIRED ASSTT. PROFESSOR BINANDI CHANDRA MEDHI COLLEGE RAMDIA RESIDENT OF HOUSE NO. 351 PO BONGSHAR 781103 DIST KAMRUP 29: DR. HIRAN DEKA NARJI S/O LATE BIPAD DEKA NARJI RETIRED PRINCIPAL KHOIRABARI COLLEGE RESIDENT OF RANGAON PO KHOIRABARI DIST DARRANG ASSAM 30: SRI RAMANI KALITA S/O LATE DASHI RAM KALITA RETIRED ASSTT. TEACHER BARAMBOII ANCHALIK HIGH SCHOOL RESIDENT OF HOUSE NO. 292 VILLAGE NO. 1 BAGTA PO HAJU 781104 DIST KAMRUP 31: SRI JITEN CHANDRA DUTTA Page No.# 7/11 S/O LATE BHALAK CHANDRA DUTTA RETIRED JR. ASSTT. DULIAJAN GIRLS COLLEGE RESIDENT OF HOUSE 23 RANGAGARH NO. 2 PO DULIAJAN 786191 ASSAM 32: DR. DIPAK KUMAR CHAKRABORTY S/O LATE DAYAMAY CHAKRABORTY RESIDENT OF WARD NO. 3 BABUPARA PO TANGLA 784521 DIST UDALGURI BTC ASSAM 33: SRI NIRANJAN PAUL S/O LATE JOGESH CHANDRA PAUL RESIDENT OF WARD NO. 3 PALPARA PO TANGLA DIST UDALGURI BTC ASSAM 784521 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR P. O. -GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPT. OF FINANCE DISPUR GUWAHATI 781006 3:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006 4:THE DIRECTOR OF HIGHER EDUCATION GOVT. OF ASSAM KAHILIPARA GUWAHATI 781019 Page No.# 8/11 5:THE BODOLAND TERRITORIAL REGION REP. BY ITS PRINCIPAL SECRETARY PO KOKRAJHAR 783370 ASSAM 6:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL REGION PO KOKRAJHAR 783370 ASSAM 7:THE INSPECTOR OF SCHOOLS KAMRUP PO AMINGAON KAMRUP ASSAM 781130 8:THE INSPECTOR OF SCHOOLS HAILAKANDI PO AND DIST HAILAKANDI ASASM 788152 ------------ Advocate for : MR J C GAUR Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 7 ORS Page No.# 9/11 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.# 10/11 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.# 11/11 8. With the above observation and direction, the writ petition stand disposed of. JUDGE Comparing Assistant