Gauhati HC: File a fresh writ if Dispur doesn’t take favourable decision in 6 months
OBB teachers’ plea for inclusion under OPS
Staff Reporter
GUWAHATI: The bench of Chief Justice Vijay Bishnoi disposed of a series of appeals filed by Manaranjan Basumatary and 28 others (WA/188/2023) that are aggrieved with the order dated March 31, 2023 passed in WP(C) No. 6403/2021 and other identical connected writ petitions wherein the single-judge bench refused to grant relief to the appellants to issue a direction to the State Government to grant them (petitioners) pension as per the Assam Services (Pension) Rules, 1969 (Old Pension). These appeals are related to 7,066 OBB teachers.
Hearing the counsels of the petitioners and the respondents, the bench of Chief Justice Bishnoi said, "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 posts concerned was 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.
"… 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 six months from the date of receipt of a certified copy of this order."
The order said that in a meeting that took place between the Chief Minister of Assam and the Sadou Asam Karmachari Parisahd (SAKP) on March 15, 2024, it was decided that the Government of Assam would consider extending the benefit of the old pension scheme to those employees who joined the government services after January 2005, but the recruitment process for the concerned posts was started prior to January 2005 in line with the office memorandum issued by the Central Government.
The counsel for the appellants submitted that all the appellants were appointed in the year 2001 and, therefore, their case falls within the ambit of the aforesaid decision of the meeting. It is further submitted that the issue regarding extending the benefits of the 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.
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