WP(C)/6579/2025 of ABU BOKKAR SIDDIQUE ANND 18 ORS Vs THE STATE OF ASSAM AND 2 ORS on 20 August 2026

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