STAFF REPORTER
GUWAHATI: A bench of the Gauhati High Court disposed of a batch of writ petitions filed by different categories of teachers and directed the State Government to grant the benefits of pension in terms of the Rules of 1969 to stipendiary teachers within six months.
The issue involved in the instant batch of writ petitions is largely as to whether the petitioners are entitled to pension in terms of the provisions of the Assam Services (Pension) Rules, 1969 (for short, “the Rules of 1969”) or as to whether the petitioners are covered by the “New Pension Scheme,” which was brought into effect on February 1, 2005.
The Court observed that the petitioners were recruited to the services and posts in connection with the affairs of the Government of Assam in different modes, for which it would be relevant for this Court to deal with the method by which the petitioners were inducted to the services and posts of the Government of Assam.
The bench said, “Broadly speaking, it appears that the petitioners in the instant batch of writ petitions can be compartmentalised into six different groups on the basis of the nature of their appointment. The six different groups in the opinion of this court, taking into account the facts involved, are (i) Stipendiary Teachers; (ii) Dropped Teachers; (iii) Teachers appointed against the Scheme, i.e., the Operation Black Board; (iv) Excess Teachers; (v) Ad-hoc grant teachers and lastly (vi) Teachers appointed in the 6th Schedule areas and more particularly in the instant batch of writ petitions by the Dima Hasao District Autonomous Council.”
The bench of Justice Devashis Baruah observed and directed:
(i) The writ petitioners who come within the fold of Stipendiary Teachers are entitled to the benefits under the Rules of 1969, and they are not covered under the NDCPS, 2009. The said petitioners are also entitled to subscribe to the GPF. The said petitioners would also be entitled to all other pensionary benefits to which a government servant of corresponding rank is entitled.
(ii) The writ petitioners who come within the fold of Teachers are not entitled to pension in terms of the Rules of 1969, nor shall they be entitled to join the fund in terms of the General Provident Fund (Assam Service) Rules, 1937, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.
(iii) The teachers coming within the fold of Teachers Appointed under the Operation Black Board, and more particularly, those teachers who were appointed pursuant to the creation of 7066 posts on March 8, 2021, would not be entitled to pension in terms of the Rules of 1969 as well as also shall not be entitled to join the fund in terms of the General Provident Fund (Assam Service) Rules, 1937. They shall be governed by the New Pension Scheme applicable to State Government employees of corresponding rank.
(iv) The writ petitioners who come within the fold of Excess Teachers would not be entitled to the pension in terms of the Rules of 1969 as well as not be entitled to subscribe to the fund in terms of the General Provident Fund (Assam Service) Rules, 1937, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.
(v) The writ petitioners who come within the category of Teachers appointed on Ad-hoc Grant Basis would not be entitled to pension in terms of the Rules of 1969 but would be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. They would also not be entitled to join the fund in terms of the General Provident Fund (Assam Service) Rules, 1937.
(vi) The Teachers who have been brought within the fold of the State Sector Employees by regularisation of their services by the Dima Hasao Autonomous District Council on or after February 1, 2005, would not get the benefit in terms of the Rules of 1969, but they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.
(vii) The teachers coming within the categories of Dropped Teachers, Operation Black Board, Excess, Ad-hoc Grant, as well as Dima Hasao coming within the ambit of the New Defined Contribution Pension
Scheme, 2009, shall be eligible for the benefit of retirement gratuity and death gratuity on the same terms and conditions as are applicable to the employees covered by the Rules of 1969 in view of the Office Memorandum dated February 1, 2021.
(viii) The communication dated February 23, 2010 issued by the Director, Finance (Budget) Department to the Deputy Accountant General (P&A) is set aside and quashed.
(ix) The Court observed that the instant judgement will come into effect prospectively. The State Government shall not be entitled to claim refund of any pension or pensionary benefits already granted to an employee on the basis of the directions passed by the various orders of this Court earlier.
(x) This Court further is of the opinion that the persons similarly situated to that of the writ petitioners come within the category of Stipendiary Teachers, but who have not been able to approach this Court on account of various reasons, need not be deprived of the benefits of a pension in terms of the Rules of 1969 as well as the right to subscribe to the fund in terms of the General Provident Fund (Assam Service) Rules, 1937. This Court, therefore, directs the respondent authorities to grant the benefits of pension in terms of the Rules of 1969 as well as to allow such persons to subscribe to the fund in terms of the General Provident Fund (Assam Service) Rules, 1937, after completing the necessary verification in that regard.
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