GUWAHATI, Jan 2 - A division bench of the Gauhati High Court comprising Justice Hrishikesh Roy and Justice Paran Kumar Phukan by a judgement passed in the review petition No. 167/2016 held that the rights of employees, who have been benefited under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 which was struck down by a judgement of September 23, 2016, can be taken care of by giving retrospective effect to the proposed legislation, if the legislature so decides and till then the services of the provincialised category and their status as government employees shall not be disturbed and they will continue to receive all the benefits which they are getting under the Provincialisation Act, 2011.
The review petition was filed by the State Government to review/modify the earlier judgement and order dated 23.09.2016 passed in WP(C) No. 5825/2012 to the extent that the services of the already provincialised employees of educational institutions of Assam will not be impacted by the court�s verdict.
Devajit Saikia, Additional Advocate General, Assam on behalf of the review petitioner submitted that there are around 41,634 employees for whom vested rights are already created under the Act, but by retrospective application of the judgement dated 23.9.2016, they may not only lose their government jobs but will also be disentitled to pension and salary. Moreover, the question of recovery of the already disbursed salary and pension may emerge, he contended.