(1.) Heard the learned senior counsel as well as all the counsel representing the petitioners and Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department; Mr. R. A. Mazumdar, the learned counsel appearing on behalf of the School Education Department and Mr. R. M. Das, the learned counsel appearing on behalf of the Dima Hasao District Council.
(2.) The issue involved in the instant batch of writ petitions, largely to say, is as to whether the petitioners are entitled to pension in terms with the provisions of the Assam Services (Pension) Rules, 1969 (for short, 'the Rules of 1969') or as to whether the petitioners are covered by the "New Pension Scheme" which was brought into effect from 1/2/2005.
(3.) The larger issue as stated supra involves determination taking into account that in the instant batch of the writ petitions, the services of the petitioners were recruited to the services and posts in connection with the affairs of the Government of Assam in different modes for which it would be relevant for this Court to deal with the method by which the petitioners were inducted to services and posts of the Government of Assam. Broadly speaking, it appears that the petitioners in the instant batch of writ petitions can be compartmentalized into six different groups on the basis of their nature of appointment. The six different groups in the opinion of this Court taking into account the facts involved are:- Stipendiary Teachers; Dropped Teachers; Teachers appointed against the Scheme, i.e. the Operation Black Board; Excess Teachers; Ad-hoc grant teachers and lastly Teachers appointed in the 6th Schedule areas and more particularly in the instant batch of writ petitions by the Dima Hasao District Autonomous Council.
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