Swapna Borah v. The State of Assam and 7 Ors

ORDER Date : 14.03.2024

Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. P. N. Sharma, learned Standing Counsel, Elementary Education; Mr. G. Pegu, learned counsel for respondent No.3; Mr. R. K. Talukdar, learned Standing Counsel, Accountant General and Mr.P. Nayak, learned counsel for respondent No.2.

¶2Having regard to the claim and projection made by the writ petitioner, the writ petition is taken up for disposal at this stage.

¶3It is the case of the writ petitioner that she was appointed as Stipendiary Teacher in the year 1994 and she completed Assam Junior Basic Training course in the year 2002. Thereafter, she was given regular scale of pay with effect from

25.03.2003 and subsequently, she retired in the year 2019. It is therefore the claim of the petitioner that in view of been having completed the training and having rendered the required number years of service, her case is covered by Page No.# 3/3 the decision of this Court dated 19.02.2024 rendered in Deva Gogoi vs State of Assam and 9 Ors. i.e. WP(C)/6187/2023.

¶4The learned counsel for the petitioner has also produced a copy of the said Order. Upon perusal of the same, it is seen that the said writ petition was disposed of with a direction to the respondent authorities to verify the documents as regards the appointment of the petitioner as Stipendiary Teacher and thereafter upon making necessary verification, if it is found that the petitioner falls within the ambit of the Stipendiary Teacher, he should be granted the benefit of pension under Rule, 1969.

¶5The learned counsel for the respondents also fairly admit that the case of the petitioner may be verified by the respondent authority concerned and if the same is found to be covered by the said decision, necessary action may follow.

¶6In view of above, the writ petition is disposed of with a direction to the respondent authorities concerned to examine the case of the petitioner and upon such examination if it is found that the petitioner indeed was working as a Stipendiary Teacher and had completed Assam Junior Basic Training Course and therefore, is covered by the decision of the Deva Gogoi (Supra), the petitioner should be accorded pension.

¶7The entire exercise be conducted and completed within a period of 4 (four) months from the date of receipt of a certified copy of this order.

¶8With the above observation and direction, this writ petition stands disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010237682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6184/2023o SWAPNAoBORAHo W/OoSRIoSIDHESWARoHATIMURIA,oRESIDENToOFoVILLAGEoBANHoBARIo GAON,oPOoBEKADOLONG,oPSoSONARI,oDISToCHARAIDEO,oASSAMo785690 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATION,oDISPURoGUWAHATIo781006 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATIo781006 3:THEoDIRECTORoOFoPENSIONoANDoPUBLICoGRIEVANCE oGOVT.oOFoASSAM oHOUSEFEDoCOMPLEXoGUWAHATIo781006 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo781019 5:THEoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI oKAMRUPoMoASSAMo781029 Page No.# 2/3 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DIST. SIVASAGAR ASSAM 785640 7:THE DEPUTY INSPECTOR OF SCHOOLS CHARIADEO ASSAM 785690 8:THE BLOCK ELEMENTARY EDUCATION OFFICER SAPEKHATI DIST. CHARAIDEO ASSAM 78569 Advocate for the Petitioner : MR. M KALITA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO