Page No.# 1/5 GAHC010155922017 2026:GAU-AS:12162 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8197/2017 BOJRAJ GAUTAM and 9 ORS. ASSTT. TEACHAR, BARCHALA HIGH SCHOOL, PO- BARCHALA, DIST. SONITPUR, PIN-784001, ASSAM 2: SRI DIPAK KUMAR HAZARIKA ASSTT. TEACHER PUB-JAMUGURI HIGH SCHOOL PO-SALAGURI DIST. SONITPUR PIN-784180 ASSAM 3: SRI LILA KHANAL ASSTT. TEACHER SINGRI HIGHER SECONDARY PO-SINGRI DIST. SONITPUR PIN-784110 ASSAM 4: SRI TIKENDRA SARMA ASSTT. TEACHER JAMUGURI ACADEMY PO JAMUGURIHAT DIST. SONITPUR PIN-784180 ASSAM 5: KARNAKHAR SARMAH ASSTT. TEACHER NARENGKATI HIGHER SECONDARY SCHOOL PO-SONITPUR PIN-784507 Page No.# 2/5 6: SRI CHANDAN UPADHYAYA ASSTT. TEACHER NAGSANKAR DIST. SONITPUR PIN-784189 ASSAM 7: SRI THAGIRAM HAZARIKA ASSTT. TEACHER NARENGKATI HIGHER SECONDARY SCHOOL PO-NARENGKATI DIST. SONITPUR PIN-784507 ASSAM 8: SRI BHUSAN BORDOLOI ASSTT. TEACHER JYOTI AGARWALA HIGHER SECONDARY SCHOOL PO-BALIJAN DIST. SONITPUR PIN-784171 ASSAM 9: SRI YADAB KHAREL ASSTT. TEACHER KALNGPUR HIGH SCHOOL SONIPUR PO- BAKORIDOLONI DIST. SONITPUR DIST. PIN-784172 ASSAM 10: SRI BHOJRAJ UPADHYAYA ASSTT. TEACHER JYOTI AGARWALA HIGHER SECONDARY SCHOOL PO-BALIJAN DIST. SONITPUR PIN-784171 ASSA VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY TEH COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY Page No.# 3/5 TO THE GOVT. OF ASSAM EDUCATION DEPTT. DISPUR GUWAHATI-6 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DIRECTOR OF PENSIONS ASSAM DISPUR GUWAHATI-6 ASSAM 5:INSPECTOR OF SCHOOLS SONITPUR DISTRICT ASSA Advocate for the Petitioner : MR.J K PARAJULI, MR.G RAHUL,MR.D M NATH,S K CHAKRABORTY Advocate for the Respondent : , GA, ASSAM,SC, SECONDARY EDUCATION BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 25.08.2026 None appears for the petitioners on call. However, Mr. U. Sarma, learned standing counsel, Secondary Education Department, for the respondent Nos. 1, 2, 3 and 5 is present. 2. The petitioners in the present writ petition have prayed for a direction upon the respondent authorities for authorizing to them pension and other pensionary benefits for the services rendered by them. 3. The petitioners in the writ petition have projected that they were initially Page No.# 4/5 appointed as Assistant Teachers, in their respective high schools by the Managing Committee of the schools, when the schools were in its venture state. The schools, wherein, the petitioners were serving were subsequently considered for provincialization and the services of the eligible teachers came to be provincialized. However, the services of the petitioners being not provincialized, they were treated as dropped Teachers. It is projected that in pursuance of the directions passed by this Court, with regard to dropped Teachers, the services of the petitioners came to be regularized, vide issuance of orders dated 21.06.2003, 08.08.2023 and 02.08.2003. The petitioners have projected that although their services were regularized as dropped Teachers, the past services rendered by the petitioners, prior to their regularization, was not considered even for computing their pension and pensionary benefits. The petitioners in this connection have relied upon a decision of this Court in the case of Jiban Chandra Deka and Ors. vs. The State of Assam and Ors., vide judgment and order dated 01.09.2003, in Civil Rule No. 1571/1998 and other connected cases, and a decision of this Court in the case of Dilip Kumar Medhi and Ors. vs. The State of Assam and Ors, in WP(C) No. 3662/2009, vide judgment and order dated 28.04.2015. 4. Mr. Sarma, learned standing counsel, Secondary Education Department, for the respondent Nos. 1, 2, 3 and 5, has submitted that the claim made by the petitioners in the present writ petition is presently being examined by the respondent authorities and the said process has not been taken to its final conclusion. 5. On hearing Mr. Sarma, learned standing counsel, Secondary Education Department, and also on perusal of the materials brought on record, this Court finds that the services of the petitioners herein were regularized with Page No.# 5/5 prospective effect, vide issuance of orders dated 21.06.2003, 08.08.2003 and 02.08.2003. The regularization of the services of the petitioners having occasioned before 01.02.2005, the petitioners would be placed under the Old Pension Scheme. Further, applying the decisions of this Court in the case of Jiban Chandra Deka (supra) to the facts of the present case, the services of the petitioners having been regularized by considering them to be dropped Teachers, the prescription made in paragraph No. (VI) of the said decision, to the effect that such appointments would be prospective in nature, but will carry the benefit of past services for computation of pensionary benefits, is found to be squarely applicable to the case of the petitioners, herein. 6. Accordingly, in view of the above position, this Court directs the respondent authorities to reckon the past services rendered by the petitioners prior to the regularization of their services for the purpose of computation of their pension and pensionary benefits under the provisions of the Assam Services (Pension) Rules, 1969. 7. Accordingly, in the event the petitioners have superannuated from their respective services, the respondents shall compute the pension and pensionary benefits of the petitioners by also reckoning the services rendered by them prior to the regularization affected in respect of each of the petitioners, herein. 8. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant