Gauhati High Court

WP(C)/5588/2025 of SMTI DIPTI DEVI AND 32 ORS Vs THE STATE OF ASSAM AND 7 ORS on 20 August 2026

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GAHC010246642025 2026:GAU-AS:11961 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : WP(C)/5588/2025 SMTI DIPTI DEVI AND 32 ORS D/O-SRI DWIJEN CHANDRA NATH ASSTT. PROFESSOR MAZBAT COLLEGE R/O-4D MARLYN APARTMENT A.G. OFFICE ROAD BASISTHA

GAHC010246642025

2026:GAU-AS:11961

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Linked Case : WP(C)/5588/2025

SMTI DIPTI DEVI AND 32 ORS

D/O-SRI DWIJEN CHANDRA NATH

ASSTT. PROFESSOR

MAZBAT COLLEGE

R/O-4D MARLYN

APARTMENT

A.G. OFFICE ROAD

BASISTHA

P.O.-GUWAHATI-781028

P. O. -MAZBAT

DISTRICT-UDALGURI

ASSAM.

2: DR. KARUNA KANTA DEKA

S/O KABIRAM DEKA

ASSTT. PROFESSOR

KHOIRABARI COLLEGE

RESIDENT OF HOUSE NO. 76

VILLAGE KONWARPARA

PO MANGALDOI

ASSAM 784125

3: SRI NRIPESH KALITA

S/O BHARAT CHANDRA KALITA

ASSTT. PROFESSOR

KHOIRABARI COLLEGE

RESIDENT OF PO KHOIRABARI

784522M DUST DARRANG

ASSAM

4: SMTI RUPALI SAIKIA

W/O SRI NRIPESH KALITA

ASST. PROFESSOR

KHOIRABARI COLLEGE

RESIDENT OF PO KHOIRABARI

DIST DARRANG

ASSAM 784522

5: DR. PABITRA SARMAH

S/O LATE UMAKANTA SARMAH

ASSTT. PROFESSOR

KHOIRABARI COLLEGE

RESIDENT OF VILLAGE PRAGATIPUR

784509

DIST UDALGURI

ASSAM

6: DR. GEETA KALITA LAHKAR

W/O MR. BHABEN CHANDRA LAHKAR

ASSTT. PROFESSOR

MAZBAT COLLEGE

RESIDENT OF HOUSE NO. 47

SANKAR NAGAR

WEST HAZARAPAR

PO TEZPUR 784001

7: DR. NARMADA NATH

W/O SRI PABAN KUMAR NATH

ASSTT. PROFESSOR

MAZBAT COLLEGE

RESIDENT OF VILLAGE UPAHUPARA COLLEGE NAGAR

PO MANGALDAI

784125

8: SRI GOPAL DAHAL

S/O CHARUMANI UPADHYAY

ASSTT. PROFESSOR

MAZBAT COLLEGE

RESIDNET OF PO JAMUGURI

DIST UDALGURI

BTR

ASSAM

9: SMTI MINATI PATOWARI

D/O LATE PRATAP PATOWARII

ASSTT. PROFESSOR

MAZBAT COLLEGE

RESIDENT OF VILLAGE KHARAMAKHA

PO MAZBAT

DIST UDALGURI

ASSAM 784507

10: DR. LINA DEKA

D/O MADHAB CHANDRA DEKA

ASST. PROFESSOR

BELTOLA COLLEGE

RESIDENT OF SANTIPUR

HILLSIDE

BHARALUMUKH

PO GUWAHATI 781009

ASSAM

11: SRI L. ANIL KUMAR SINGHA

S/O LATE ABIR SINGHA

SUBJECT TEACHAR

SANARIE MITIE H.S.SCHOOL

RESIDENT OF RAJESWARPUR

PO HAILAKANDI

ASSAM 788168

12: MR KHIZIR AHMED MAZARBHUIYA

S/O RAHIMUDDIN MAZARBHUIYA

P.G.T LAKSHIRBOND H.S SCHOOL

RESIDENT OF VILLAGE BHATIRKUPA PART II

PO BHATIRKUPA 788152

DIST HAILAKANDI

ASSAM

13: JAMRUL ISLAM BARBHUIYA

S/O HARUN RASHID BARBHUIYA

PGT LAKSHIRBOND H.S SCHOOL

RESIDENT OF VILLAGE AND PO GANGPUR BHUMKAR PART III

788152

DIST HAILAKANDI

ASSAM

14: MS. MAZNUN NAHAR BARBHUIYA

W/O AZIZUR RAHMAN CHOUDHURY

PGT LAKSHIRBOND H.S SCHOOL

RESIDENT OF VILLAGE AND PO GANGPUR DHUMKAR PART III

7888152

DIST HAILAKANDI

ASSAM

15: MR. ABIDUR RAHMAN MAZARBHUIYA

SO ABDUL LATIF CHOUDHURY

PGT LAKSHIRBOND H.S SCHOOL

RESIDENT OF PO GANGPUR DHUMKAR PART III 788152

DIST HAILAKANDI

ASSAM

16: NUR AHMED BARBHUIYA

S/O SAUKAT ALI BARBHUIYA

GRADE IV

EMPLOYEE LAKSHIRBOND H.S SCHOOL

RESIDENT OF VILLAGE BAHADURPUR PART I

PO RANGAUTI 788155

DIST HAILAKANDI

ASASM

17: HAFIZUL ALAM CHOUDHURY

S/O ABDUL LATIF CHOUDHURY

JR. ASSTT. LAKSHIRBOND H.S SCHOOL. RESIDENT OF PO LAKSHIRBOND

PART I

788155

ASSAM

18: ALMAS HUSSAIN LASKAR

S/O LATE MAKBUL ALI LASKAR

SR. ASSTT. LAKSHIRBOND H.S SCHOOL RESIDENT OF VILLAGE NORTH

NARAYANPUR PART III

PO NARAYANPUR NORTH 788801

DIST HAILAKANDI

ASSAM

19: JYOTIMA DEVI

W/O SASHINDRA SARMA

ASSTT. PROFESSOR

KHOIRABARI COLLEGE

RESIDENT OF HOUSE NO. 64 A VILLAGE PO DHUPGURI 784528

PS KHOIRABARI

ASSAM

20: SRI PURNA KANTA MAHANTA

S/O LATE CHANDRA KANTA MAHANTA

ASST. PROFESSOR

DULIAJAN GIRLS COLLEGE

RESIDENT OF MOIRAMORA SATRA

PO NAGAGAON

DIST SIVASAGAR

ASSAM 785701

21: SMTI SUJATA BARBKAKATI

D/O LATE DHYAN SARMA

ASSTT. PROFESSOR

DULIAJAN GIRLS COLLEGE

RESIDENT OF BELTOLA

PO GUWAHATI 781029

ASSAM

22: SRI SATINDRA NATH SARMA

S/O LATE GARGA NATH SARMA

SUBJECT TEACHER

BANGSHAR HIGHER SECONDARY SCHOOL

RESDIENT OF PO SUALKUCHI

781103

ASSAM

23: DR. PRABHAT CHANDRA KALITA

S/O LATE DULAL CHANDRA KALITA

RETIRED PRINCIPAL

P.B ANCHALIK MAHAVIDYALAYA

RESIDENT OF VILLAGE MALIKUCHI (DIGHELI) PO BARDIGHELI 781334

DIST NALBARI

ASSAM

24: DR. DEEPALI OJAH

W/O LATE DR. ADITYA RAM OJAH

RETIRED PRINCIPAL

BELTOLA COLLEGE RESIDENT OF 6A

ZAKIR HUSSAIN PATH

BYE LANE 8

KALAGURU PATH SARUMOTORIA

PO GUWAHATI 781036

25: DR. RITA DUTTA HAZARIKA

W/O SANJEEV HAZARIKA

RETIRED PRINCIPAL

NARENGI ANCHALIK MAHAVIDYALAYA

RESIDENT OF HOUSE NO. 201

MANISHA HERITAGE

GAUTAM UPA PATH

BASISTHAPUR

DISPUR PO GUWAHATI 781006

ASSAM

26: DR. RUPAM KUMAR BRAHMA

S/O LATE TRAILAKYA NATH BRAHMA

RETIRED PRINCIPAL

GIRLS COLLEGE

KOKRAJHAR

RESIDENT OF INDRAPUR ROAD

BRAHMA MANDIR

PO KOKRAJHAR

ASSAM 783370

BTC

27: DR. LAKHIMI PHUKAN

W/O MR. TAPAN NEOG RETIRED PRINCIPAL DULIAJAN GIRLS COLLEGE

RESIDENT OF SURAKSHA NAGAR

NEAR JCS GUEST HOUSE

PO DULIAJAN 786602

DIST DIBRUGARH

ASSAM

28: SRI BHADRESWAR DEKA

S/O LATE JITRAM DAS

RETIRED ASSTT. PROFESSOR

BINANDI CHANDRA MEDHI COLLEGE

RAMDIA

RESIDENT OF HOUSE NO. 351

PO BONGSHAR 781103

DIST KAMRUP

29: DR. HIRAN DEKA NARJI

S/O LATE BIPAD DEKA NARJI

RETIRED PRINCIPAL KHOIRABARI COLLEGE

RESIDENT OF RANGAON

PO KHOIRABARI

DIST DARRANG

ASSAM

30: SRI RAMANI KALITA

S/O LATE DASHI RAM KALITA

RETIRED ASSTT. TEACHER

BARAMBOII ANCHALIK HIGH SCHOOL

RESIDENT OF HOUSE NO. 292

VILLAGE NO. 1 BAGTA

PO HAJU 781104

DIST KAMRUP

31: SRI JITEN CHANDRA DUTTA

S/O LATE BHALAK CHANDRA DUTTA

RETIRED JR. ASSTT. DULIAJAN GIRLS COLLEGE

RESIDENT OF HOUSE 23

RANGAGARH NO. 2

PO DULIAJAN

786191

ASSAM

32: DR. DIPAK KUMAR CHAKRABORTY

S/O LATE DAYAMAY CHAKRABORTY

RESIDENT OF WARD NO. 3

BABUPARA PO TANGLA

784521

DIST UDALGURI

BTC

ASSAM

33: SRI NIRANJAN PAUL

S/O LATE JOGESH CHANDRA PAUL

RESIDENT OF WARD NO. 3

PALPARA

PO TANGLA

DIST UDALGURI

BTC

ASSAM 784521

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

DEPARTMENT OF HIGHER EDUCATION

DISPUR

P. O. -GUWAHATI-781006

2:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

DEPT. OF FINANCE DISPUR GUWAHATI 781006

3:THE ADDL. CHIEF SECRETARY

TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

DISPUR GUWAHATI 781006

4:THE DIRECTOR OF HIGHER EDUCATION

GOVT. OF ASSAM

KAHILIPARA GUWAHATI 781019

5:THE BODOLAND TERRITORIAL REGION

REP. BY ITS PRINCIPAL SECRETARY

PO KOKRAJHAR 783370 ASSAM

6:THE DIRECTOR OF EDUCATION

BODOLAND TERRITORIAL REGION

PO KOKRAJHAR

783370 ASSAM

7:THE INSPECTOR OF SCHOOLS

KAMRUP

PO AMINGAON

KAMRUP ASSAM 781130

8:THE INSPECTOR OF SCHOOLS

HAILAKANDI

PO AND DIST HAILAKANDI

ASASM 788152

------------

Advocate for : MR J C GAUR

Advocate for : SC

HIGHER EDU appearing for THE STATE OF ASSAM AND 7 ORS

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

21.08.2026 Heard Mr. J. C. Gaur, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education Department and Mr. A. Atreya, learned Standing Counsel, BTC for respondent nos. 5 and6.

2. The learned counsel for the petitioners submits that they were appointed as Lecturers/Assistant Professors and the grievance is that they should be given pension as per the Old Pension Scheme (OPS), in view of the decision taken by the State Government which was chaired by the Chief Minister of the State on 11.01.2025. Referring to the proceedings of the meeting, annexed as Annexure- G, the learned counsel submits that those who have been appointed prior to January 2005 are eligible to get pension as per the OPS. He submits that all the petitioners have been appointed prior to this date and therefore, they are eligible. Since the cases of the petitioners have not been considered, they are before this Court.

3. Mr. J. C. Gaur, learned counsel for the petitioner further submits that the case of the petitioner is squarely covered by the judgment and order dated 06.04.2026 passed by the coordinate Bench of this Court in Dr. Jonali Kalita & 10 Ors. Vs. The State of Assam and 6 Ors, WP(C) No. 1944/2026, relevant paragraph of the aforesaid judgment reads as under:- “(6) Under the circumstances, this Court is inclined to disposed of this writ petition by directing the petitioners to submit their respective representations before the Director concerned under whose administrative control they are working, within a period of fifteen

(15) days from today. Upon submission of the representations, the Director concerned, shall take necessary action to consider the same in accordance with the Government's decision and by taking approval of the Government, where necessary. Upon doing so, the Director shall dispose of the representation by way a reasoned and speaking order within a period of three (3) months from the date of receipt of such representations.”

4. Mr. Mr. S. Das, learned Standing Counsel, Higher Education Department consents to the aforesaid position.

5. Having heard the learned counsel for the parties and having perused the material available on record including the judgment and order dated 06.04.2026, passed by the coordinate Bench of this Court in WP(C) No. 1944/2026, this Court deems appropriate to dispose of this writ petition in line of Dr. Jonali Kalita(Supra). Accordingly, it is provided that the petitioner shall submit their respective representation before the Director concerned under whose administrative control they are working within period of 15 days from today.

6. Upon submission of the representation, the Director Concerned shall take necessary action to consider the same in accordance with the Government’s decision and by taking approval of the Government wherever necessary.

7. Upon doing so, the Director shall dispose of the representation by a reasoned and speaking order within a period of three months from the date of receipt of such representation.

8. With the above observation and direction, the writ petition stand disposed of.

JUDGE Comparing Assistant

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