DILIP KUMAR SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. C. Das, the learned Senior counsel assisted by Mr. S. Nath, the learned counsel appearing on behalf of the petitioners and Mr. P. Nayak, the learned Standing counsel appearing on behalf of the Public Works Department (for short "the PWD"). I have also heard Mr. P. P. Dutta, the learned Standing counsel appearing on behalf of the Assam Public Service Commission (for short "the APSC") and Ms. M. D. Borah, the learned Standing counsel appearing on behalf of the Pension and Public Grievances Department, Government of Assam.

(2.) Both the writ petitions are taken up together as the facts are similar and the questions of law involved are paramateria. The issue involved in both the writ petitions is as to whether the petitioners herein would be entitled to the Old Pension Scheme i.e. the pension in terms with the Assam Services (Pension) Rules, 1969 (for short "the Rules of 1969") or the New Pension Scheme i.e. the New Defined Contributory Pension Scheme, 2009 which was brought into effect from 1/2/2005 by way of an Office Memorandum dtd. 6/10/2009.

(3.) The facts involved in the instant case are that the Public Works Department of the Government of Assam vide a letter bearing No.RBEB120/2002/1 dtd. 21/5/2002 requested the A.P.S.C. to initiate a selection process for filling up of 100 Nos. of vacancies of Junior Engineer (Civil) under PWD. The 100 vacancies consisted of 80 vacancies in the PWD Roadwing and 20 vacancies in the PWD Building wing. On the basis of the said requisition so made on 21/5/2002, the APSC issued an advertisement vide letter No.83/PSC/DR/5/1/2000-2001 dtd. 29/5/2002 for 100 Nos. of Junior Engineer (Civil) posts. The said advertisement was published on 5/6/2002.