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
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
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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