Robinson Surin Das and 4 Ors v. The State of Assam and 6 Ors

ORDER

22.11.2023

Heard Mr. S Islam, learned counsel for the petitioners. Also heard Mr. Girin Pegu, learned Additional Senior Government Advocate for the Deputy Commissioner, Lakhimpur, Mr. N J Khataniar, learned counsel for the respondents in the Elementary Education Department, Government of Assam, Mr. A Chaliha, learned counsel for the respondents in the Finance Department, Government of Assam as well as Mr. R Ahmed, learned counsel for the respondents in the Accountant General (A & E), Assam.

¶2All 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 Page No.# 4/4 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.

¶7Writ petition stands disposed of in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010240792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6414/2023o ROBINSONoSURINoDASoANDo4oORS.o S/OoLATEoTANKESWARoDAS,oR/OoVILL-DUBI,oP.O.-HARMOTIoMERBIL,oDIST- LAKHIMPUR,oASSAM 2:oGITANJALIoHAZARIKA oW/OoGYANANDRAoHAZARIKA oR/OoMERBILoGAON oP.O.-MERBIL oDIST-LAKHIMPUR oASSAM 3:oJYOTISHoDEURI oS/OoLATEoGOVERNORoDEURI oR/OoVILL-BAHGARAH oP.O.-BAHGARAH oDIST-LAKHIMPUR oASSAM 4:oGUNAoPROVAoPAWE oD/OoMANIRAMoPATHARI oR/OoVILL-MERAGURIYA oP.O.-LALUK oDIST-LAKHIMPUR 5:oCHAYAoPAUL oD/OoKHITISHoPAUL oR/OoVILL-NIZLALUK oP.O.-LALUK oDIST-LAKHIMPUR oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o Page No.# 2/4 REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY), DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 3:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. AND DIST-LAKHIMPUR ASSAM PIN-787001 6:THE DEPUTY INSPECTOR OF SCHOOLS LAKHIMPUR P.O. AND DIST-LAKHIMPUR ASSAM PIN-787001 7:THE BLOCK ELEMENTARY EDUCATION OFFICER BIHPURIA P.O.-BIHPURIA DIST-LAKHIMPUR ASSAM PIN-78416 Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : SC, ELEM. EDU Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA