Nashir Uddin Ahmed and 28 Ors v. The State of Assam and 7 Ors

ORDER Date : 02.12.2024

Heard Mr. B. D. Das, learned Senior Counsel assisted by Mr. D. Bania, learned counsel for the petitioners.

¶2Ms. S. Chutia, learned Standing Counsel, appears for the Elementary Education Department; Mr. U. Sharma, learned Standing Counsel, appears for the Secondary Education Department and Mr. R. Borpujari, learned Standing Counsel, appears on behalf of the Finance Department.

¶3Similarly situated persons like the present petitioners had earlier approached this Court by filling WP(C) No. 4892/2021 and other connected writ petitions seeking for a declaration that they are entitled to the Old Pension Scheme and not the New Pension Scheme. The said writ petitions were dismissed by Judgment & Order dated 31.03.2023, holding that the petitioners therein were not entitled to get pensions under the Old Pension Scheme.

¶4Being aggrieved, those petitioners filed Writ Appeal before the Hon'ble Division Bench and the lead case was registered as WA No. 188/2023. The Writ Appeals were accordingly, disposed of on 26.07.2024 with the following observations and directions:- "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 Page No.# 10/11 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."

Page No.# 11/11

¶5The present petitioners before this Court also claim that they are equally situated and circumstanced with the appellants in Writ Appeal No. 188/2023 and other analogous Writ Appeals.

¶6This Court, after considering the above facts, is also of the considered opinion that the case of the present petitioners are equally situated and circumstanced with the appellants in Writ Appeal No. 188/2023 and analogous Writ Appeals.

¶7Accordingly, this writ petition is also disposed of in terms of the observations and directions made by the Hon'ble Division Bench in Writ Appeal No. 188/2023 by the Order dated 26.07.2024.

¶8However, it is made clear that the time period of 6 (six) months granted by the Hon'ble Division Bench by Order dated 26.07.2024 passed in WA No. 188/2023 and other analogous Writ Appeals, shall start in case of the present petitioners from the date of production of a certified copy of the Order of this Court.

¶9With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

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