GUWAHATI, India, Nov. 10 -- Gauhati High Court issued the following order on Oct. 13:

1. Heard Mr. H. Talukdar, learned counsel for the petitioner; Mr. P.N. Sarma, learned standing counsel for the Elementary Education Department, being respondent No. 1; Mr. S. Bora, learned standing counsel for the SCERT, being respondent No. 2; Ms. R. Barooah, learned standing counsel for the Finance Department, respondent No. 3; and Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondent Nos. 4 & 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to cancel/recall or otherwise of the order dated 04.09.2013, by which his service was regularized w.e.f. 27.09.2007 and brought him under the purview of New Pension Rules and also to modify the regularization order by showing the date of effect as his initial date of appointment and also for bringing him under the purview of Old Pension Rules, i.e. Assam Services Pension Rules, 1969. Background Facts:-

3. The background facts, leading to filing of the present petition, are adumbrated herein below:-

"The petitioner was initially appointed as Laboratory Assistant on ad-hoc basis in DIET, Samuguri, vide order dated 25.10.1991. The said appointment was extended time to time by way of office orders and regularized vide order dated 18.06.1994.

Thereafter, the petitioner was again temporarily appointed as LDA cum Typist under the same establishment, vide order dated 30.01.1996 and his appointment was extended till his regularization vide order dated 10.08.2004. Thereafter, the service of the petitioner along with 33 others were regularized vide order dated 04.09.2013, w.e.f. 27.03.2007, and brought them under the purview of New Pension Rules, 2005.

Then, being aggrieved, a group of writ petitioner had preferred a writ petition, being W.P.(C) No. 476/2013 and this Court vide judgment and order dated 29.05.2017, remanded the matter back to the Director of SCERT (respondent No. 2) for passing an appropriate order as regard the date of effect of regularization and entitlement of pension.

Though the said judgment and order is in Ram, but, till date no common order has been passed by the respondent authorities although individual orders have been issued to similarly situated persons for granting individual relief.

Thereafter, the petitioner had preferred one representation, dated 12.12.2022, before the respondent authorities. But, the same failed to evoke any response from the respondent authorities."

3.1. Being aggrieved, the petitioner has preferred this writ petition by seeking the reliefs as stated above.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpAtENPqMl5ln3N1kXppbOqrvrkvwuudrBDX0Bq1dh21t&caseno=WP(C)/2882/2023&cCode=1&cino=GAHC010108772023&state_code=6&appFlag=)

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