Page No.# 1/6 GAHC010069432026 2026:GAU-AS:5043 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1944/2026 DR JONALI KALITA DAUGHTER OF SRI SAMBHU RAM KALITA, ASSISTANT PROFESSOR, DHAMDHAMA ANCHALIK COLLEGE, NALBARI, RESIDENT OF MALIKUCHI, P.O.-BARDIGHELI, DISTRICT NALBARI, ASSAM, PIN-781334. 2: DR DIGANTA RAJBONSHI SON OF LATE PADMA RAM RAJBONGSHI ASSISTANT PROFESSOR DHAMDHAMA ANCHALIK COLLEGE NALBARI RESIDENT OF KADAMTALA P.O.-BARMA DISTRICT-BAKSA ASSAM PIN-781346 3: SRI PRADIP KUMAR DAS SON OF LATE RAJKUMAR DAS ASSISTANT PROFESSOR DHAMDHAMA ANCHALIK COLLEGE NALBARI RESIDENT OF BAHARI P.O.-NIZ-BAHARI DISTRICTBARPETA ASSAM PIN-781302 4: DR GAUTAM CHANDRA DAS SON OF LATE AMALESH CH. DAS PRINCIPAL DHAMDHAMA ANCHALIK COLLEGE NALBARI RESIDENT OF GERUAPAR ..- SARUPETA DISTRICT-BAJALI Page No.# 2/6 ASSAM PIN781318. 5: MD WAHIDUR RAHMAN SON OF LATE HABIBUR RAHMAN ASSISTANT PROFESSOR SWAHID SMRITI MAHAVIDYALAYA COLLEGE BELSOR NALBARI RESIDENT OF CHAMATA P.O.-CHAMATA DISTRICT-NALBARI ASSAM PIN-781306 6: JADABENDRA ROY SON OF LATE JITENDRA CH. ROY ASSISTANT PROFESSOR UDALGURI COLLEGE UDALGURI RESIDENT OF BAPUJI NAGAR WARD NO.1 DISTRICT-UDALGURI BTR ASSAM PIN-784509 7: SRI HOMEN BARUAH SON OF PITAMBAR BARUAH ASSISTANT PROFESSOR KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG UDALGURI RESIDENT OF TITKUCHI P.O.-BEZARA DISTRICT-KAMRUP ASSAM PIN-781121. 8: DR UTPAL CHANDRA HAJONG SON OF AMALENDU HAJONG PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG UDALGURI RESIDENT OF UDALGURI MAIMANSING GAON P.O.-DHANSIRI BAZAR DISTRICT-UDALGURI BTR ASSAM PIN-784114. 9: RATUL CH BHARALI SON OF LATE TANKESWAR BHARALI ASSISTANT PROFESSOR Page No.# 3/6 UDALGURI COLLEGE UDALGURI RESIDENT OF SUNDARIDIA PATTY WARD NO.5 DISTRICT-UDALGURI BTR ASSAM PIN-784509 10: BINOD CHANDRA KALITA SON OF GOLOK CH. KALITA HEADMASTER RETIRED SWAHID SUNANDA SALOI HIGH SCHOOL RANGIA RESIDENT OF BATAKUCHI P.O.-JAMTOLA DISTRICTKAMRUP ASSAM PIN- 781365 11: SRI GAJENDRA NATH DAS SON OF MONI RAM DAS GRADE-IV RETIRED KHOIRABARI COLLEGE NALBARI UDALGURI RESIDENT OF BALISITHA P.O.- KHOIRABARI ASSAM PIN-78452 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR P.O. GUWAHATI-781 006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GUWAHATI-781006. 4:THE DIRECTOR OF HIGHER EDUCATION GOVT. OF ASSAM Page No.# 4/6 KAHILIPARA P.O. GUWAHATI-781 019. 5:THE DIRECTOR OF SECONDARY EDUCATION GOVT. OF ASSAM KAHILIPARA P.O. GUWAHATI-781 019 6:THE BODOLAND TERRITORIAL REGION REPRESENTED BY ITS PRINCIPAL SECRETARY P.O. KOKRAJHAR-783 370 ASSAM 7:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL REGION .. KOKRAJHAR-783 370 ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : SC, HIGHER EDU, SC. BTC,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 06.04.2026 Heard Mr. L. Gogoi, learned counsel for the petitioners. Also heard Mr. S. Bhuyan, learned Standing Counsel, Higher Education Department, appears for the respondent Nos. 1 & 4; Ms. R. M. Barooah, learned Standing Counsel, Finance Department, appears for the respondent No. 2 and Ms. N. Choudhury, learned Standing Counsel, BTC, appears for the respondent No. 6. [2.] Having regard to the projection made by the learned counsel for the petitioner, the writ petition is taken up for disposal at this stage. [3.] The learned counsel for the petitioners submits that by filing this writ Page No.# 5/6 petition, the petitioners pray for a direction to the respondent authorities concerned to allow them avail pension as per the Old Pension Scheme (OPS). He submits that the petitioners were appointed through a process that had started prior to January, 2005 and such being the position, in view of the decision arrived at by the State Government in a Meeting held on 11.01.2025 under the Chairmanship of the Hon’ble Chief Minister of the State of Assam, the petitioners are entitled to be considered being covered under the OPS. [4.] The learned counsel submits that some of the petitioners are still serving while some have retired. To support the contention, the learned counsel for the petitioner has relied upon the Communication dated 26.03.2025 issued by the Finance (Establishment-B) Department, Government of Assam, vide Memo No. FEB.633929/12 dated 26.03.2025 (Annexure – G). [5.] Although, the petitioners have stated that they have exhausted their alternative remedy before coming to this Court, it admittedly appears that they have not approached the respondent authorities with appropriate representation before coming to this Court. [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. Page No.# 6/6 [7.] With the above directions and observations, writ petition stands disposed of. JUDGE Comparing Assistant