Chenimai Saikia and 5 Ors v. The State of Assam and Ors

ORDER

30.11.2023

Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Elementary Education Department for the respondent nos. 1, 4, 5, 6 & 7, Mr. R. Dhar, learned Government Advocate, for the respondent no.2 and Mr. M. Ahmed, learned Standing Counsel, Accountant General (A&E) for the respondent no.3. It is submitted that the issues involved in this writ petition are akin to the issues which were decided by a Co-ordinate Bench of this Court in WP(C) Page No.# 3/4 No.6414/2023 by the judgment and order dated 22.11.2023. The said judgment and order dated 22.11.2023 is quoted herein below: "2. All the petitioners herein were appointed as stipendiary teachers by various appointment orders of the year 2001 and have taken a stand that although there was a condition in the order of appointment that they would have to undergo a junior basic training course and thereafter would be paid a regular scale of pay, but the circumstances were such, the respondent authorities had not facilitated the petitioners to undergo any such training course. Accordingly, a claim is made that the petitioners are entitled to a regular pension and also entitled to the benefit of GPF.

¶3The said issue has already been decided by this Court in its judgment dated

31.03.2023 in WP(C)No.5843/2022 and other writ petitions wherein in paragraph 34 it has been provided as extracted: "34. In view of the above reasons, this Court, therefore, holds that the petitioners herein would be entitled to pension in terms with the Rules of 1969 and would further be entitled to subscribe to GPF. The petitioners in respect to present category which also be entitled to all other pensionary benefits as admissible to the Government employees of equal rank who are regulated in terms with the Rules of 1969."

¶4As the entitlement of a stipendiary teacher for pension and GPF had already been decided, we accordingly follow the said proposition and direct the respondent authorities to provide the petitioners with their respective GPF numbers which in fact is the relief sought for in the present writ petition.

¶5The above requirement be done within a period of one month from the date of receipt of the certified copy of this order.

¶6It is made clear that we are not deciding any other aspect of this writ petition other than what is provided hereinabove." Learned counsel for the petitioners further submits that similar kind of issues have already been decided by this Court in its judgment dated Page No.# 4/4

31.03.2023 in WP(C) No.5843/2022. Mr. N.J. Khataniar, learned Standing Counsel, Elementary Education Department does not object to the submissions made by the learned counsel for the petitioner. Upon perusal of the judgment and order dated 22.11.2023 and

31.03.2023 it is seen that the issues raised in the present writ petition stand squarely covered by the judgment and order dated 22.11.2023 passed in WP(C) No.6414/2023 as well as issues which were decided in WP(C) No.5843/2022 on

31.03.2023 and other connected writ petitions. As such, this Court is of the considered view that the issues in the writ petition too will be covered by the judgment and order dated 22.11.2023 passed in WP(C) No.6414/2023 as well as WP(C) No.5843/2022 on 31.03.2023 and other connected writ petitions. Accordingly, the writ petition stands disposed of. The claims of the petitioners will be addressed in terms of the finding contained in the judgment and order dated 22.11.2023 passed in WP(C) No.6414/2023. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010238362023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6167/2023o CHENIMAIoSAIKIAoANDo5oORS.o W/OoGUNAoRAMoDUTTAoR/OoVILLo.BONGALoCHUKoP.O.oBONGALoCHUKo DIST.oLAKHIMPURoASSAM 2:oTUTUMONIoSAIKIA oW/OoSADANANDAoSAIKIAoR/OoVIL.oNIZARAPARoP.O.oSAGARPURoDIST.o LAKHIMPURoASSAM 3:oBIBHAoDEURI oW/OoNABAJIToDEORIoR/Oo2oNO.oPACHIMoLALUKoP.O.oLALUKoDIST.o LAKHIMPURoASSAM 4:oBINAoSAIKIA oW/OoBOLINoBORAHoR/OoBIHPURIAoNO.o3oWARDoNOo3oP.O.oBIHPURIAoDIST.o LAKHIMPUR 5:oREKHAMONIoSAIKIAoGOWALA oW/OoHIRALALoGOWALAoR/OoVILL.oAHOMKATAoP.O.oPOKADULoGAHDHIAo P.SoBIHPURIAoDIST.oLAKHIMPURoASSAM 6:oRUPAoGOGOI oW/OoLT.oTHIGIAMoGOGOIoR/OoPUKURIPAIRAoP.O.oANDoP.SoLALUKoDIST.o LAKHIMPURoASSAo VERSUSo THEoSTATEoOFoASSAMoANDoORS.o REPoBYoTHEoSECRETARYoTOoTHEoGOVToOFoASSAMoDEPTToOFoSCHOOLo EDUCATIONoELEMENTARYoDISPURoGUWAHATIo781006 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVToOFoASSAMoFINANCEoDEPTT.oDISPURoGUWAHATIo6 3:THEoACCOUNTANToGENERALo(AoANDoE)oASSAM Page No.# 2/4 MAIDAMGAON BELTOLA GUWAHATI 781029 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHTI 781019 5:THE DISTRICT ELEMETARY EDUCATION OFFICER LAKHIMPUR P.O. AND DIST. LAKHIMPUR ASSAM PIN 787001 6:THE DEPUTY INSPECTOR OF SCHOOL LAKHIMPUR P.O AND DIST. LAKHIMPUR ASSAM PIN 787001 7:THE BLOCK ELEMENTARY EDUCATION OFFICER BIHPURIA P.O. BIHPURIA DIST. LAKHIMPUR ASSAM PIN784161 P.O. BIHPURIA DIST. LAKHIMPUR ASSAM PIN78416 Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA