[Cites 1, Cited by 0]
Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 18 December, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/6
GAHC010279802025
2025:GAU-AS:17575
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7282/2025
IBRAHIM ALI AND 20 ORS
HEAD TEACHER (TUTOR) OF MADHYA KURIHAMARI L.P. SCHOOL,
KURIHAMARI, P.O. BHANGNAMARI, DIST. NALBARI, ASSAM.
2: SHAGAR ALI
HEAD TEACHER (TUTOR) OF UTTAR BHANGNAMARI NISLAR PAR L.P.
SCHOOL
NO. 3 BARBALA
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
3: KAMAL UDDIN
HEAD TEACHER (TUTOR) KURIHAMARI BHANGNAMARI SIMANTA
MUKTAB L.P. SCHOOL
KURIHAMARI
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
4: SHOHRAB ALI
ASSTT. TEACHER (TUTOR) OF KURIHAMARI BHANGNAMARI SIMANTA
MUKTAB L.P.. SCHOOOL
KURIHAMARI
P.O. BHAGNAMARI
DIST. NALBARI
ASSAM.
5: HAZERA KHATUN
ASSTT. TEACHER (TUTOR) OF KANDHBARI PAM L.P. SCHOOL (BASE
SCHOOL)
NO. 2 KANDBARI L.P. SCHOOL
KANDHBARI
P.O. KANDHBARI
Page No.# 2/6
DIST. NALBARI
ASSAM.
6: HAMIDA KHATUN
HEAD TEACHER (TUTOR) OF NO. 1 KURIHAMARI L.P. SCHOOL
KURIHAMARI
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
7: SHARIFUDDIN AHMED
ASSTT. TEACHER (TUTOR) OF NO. 1 KURIHAMARI L.P. SCHOOL
KURIHAMARI
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
8: KOHINUR BEGUM
ASSTT. TEACHER (TUTOR) OF KARNASRI HITESWAR SAIKIA LP. SCHOOL
(BASE SCHOOL) S.A. ADARSHA L.P. SCHOOL
NO. 1 KAPLABORI
P.O. KAPLABORI
DIST. NALBARI
ASSAM.
9: CHAND MOHAMMAD
HEAD TEACHER (TUTOR) 34 NO. BARBALA RAHUL GANDHI L.P. SCHOOL
NO. 4 BARBALA
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
10: AFZALUR RAHMAN
HEAD TEACHER (TUTOR) OF KALDI SOLAR PATHAR L.P. SCHOOL
KALDI GAON
P.O. BONPURA
DIST. NALBARI
ASSAM.
11: MD. JONAB ALI
ASSTT. TEACHER (TUTOR) OF KALDI SOLAR PATHAR L.P. SCHOOL
KALDI GAON
P.O .BONPURA
DIST. NALBARI
ASSAM.
12: ABDUL MAZID KHAN
ASSTT. TEACHER (TUTOR) OF B.K. CHAPARI L.P. SCHOOL
Page No.# 3/6
(BASE SCHOOL) BONPURA L.P. SCHOOL
BONPURA
DIST. NALBARI
ASSAM.
13: MD. MIRZAFAR ALI
ASSTT. TEACHER (TUTOR) OF UTTAR SUPA BONPURA L.P. SCHOOL
(BASE SCHOOL) KALDI L.P. SCHOOL
KALDI
P.O. BONPURA
DIST. NALBRI
ASSAM.
14: MD. AZIZUR RAHMAN
HEAD TEACHER (TUTOR) OF KACHUA PATHER MILAN L.P. SCHOOL
KACHUA PATHAR
P.O. KACHUA PATHAR
DIST. NALBARI
ASSAM.
15: MD MISTER ALI
ASSTT. TEACHER (TUTOR) OF KACHUA PATHER MILAN L.P. SCHOOL
KACHUA PATHAR
P.O. KACHUA PATHAR
DIST. NALBARI
ASSAM.
16: JAFIL UDDIN
HEAD TEACHER (TUTOR) OF NO. 2 KURIHAMARI L.P. SCHOOL
KURIHAMARI
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
17: ABDUR RAHIM
ASSTT. TEACHER (TUTOR) OF NO. 2 KURIHAMARI L.P. SCHOOL
KURIHAMARI
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
18: INNAS ALI
HEAD TEACHER (TUTOR) OF KURIHAMARI MAHATMA GANDHI L.P.
SCHOOL
KURIHAMARI
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM.
Page No.# 4/6
19: MD. MATLEB ALI
HEAD TEACHER (TUTOR) OF KASUA PATHAR L.P. SCHOOL
GHARUABAHA PATHAR
P.O. NARUA
DIST. NALBARI
ASSAM.
20: FAKHAR UDDIN AHMED
ASSTT. TEACHER (TUTOR) OF KASUA PAHAR L.P. SCHOOL
GHARUABAHA PATHAR
P.O. NARUA
DIST. NALBARI
ASSAM.
21: RAKIBUL AMIN
ASSTT. TEACHER (TUTOR) OF UTTAR BHANGNAMARI NISLAR PAR L.P.
SCHOOL NO. 3 BARBALA
P.O. BHANGNAMARI
DIST. NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT.. OF
SCHOOL EDUCATION, DISPUR, GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 19
3:THE DEPUTY COMMISSIONER
NALBARI
DIST. NALBARI
ASSAM.
4:THE DIST. ELEMENTARY EDUCATION OFFICER
NALBARI
DIST. NALBARI
ASSAM.
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
BARKHETRI EDUCATIONAL BLOCK
P.O. MUKALMUA
DIST. NALBARI
ASSAM
Page No.# 5/6
Advocate for the Petitioner : MR S HOQUE, SANOWARA KHATUN
Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 18.12.2025
Heard Mr. S. Hoque, learned counsel for the petitioners and Mr. B.
Talukdar, learned Standing Counsel, Elementary Education Department.
[2.] Having regard to the nature of the grievance projected by the petitioner,
the writ petition is taken up for disposal at this stage itself.
[3.] It is the case of the petitioners that they are working as Assistant Teachers
(Tutors) and Head Teachers (Tutors) in their respective L.P. Schools in the
district of Nalbari. Their respective posts were provincialised under the Assam
Education (Provincialisation of Services of Teachers and Re-organization of
Educational Institutions) Act, 2017. The grievances projected by them is that
although they are performing the same duties like any other regular teachers,
they are only getting fixed pay and not regular scale of pay.
[4.] The learned counsel submits that the case of the petitioners is squarely
covered by a Division Bench Judgment of this Court in Mohor Ali Sheikh & Ors.
Vs. State of Assam & Ors., 2024 5 GLT 689 . He, therefore, submits that a similar
direction may be passed directing the respondent authorities to consider the
grant pay scale to the petitioners.
[5.] Mr. B. Talukdar, learned Standing Counsel, Elementary Education
Page No.# 6/6
Department, submits that he has an agreement with the submissions made by
the learned counsel for the petitioners but as the petitioners have submitted a
joint representation, it would be not possible on the part of the respondent
authorities to club all the matters together for consideration. Therefore, the
petitioners may be directed to file separate representations individually.
[6.] Considering the above submissions made and upon perusal of the
materials available on record, including the Judgment rendered by the Division
Bench as referred to herein above, the present case appears to be a covered
case. Accordingly, the writ petition stands disposed of by directing the
petitioners to submit their respective individual representations before the
Secretary to the Government of Assam, Department of School Education
(respondent No. 1), within a period of two (2) weeks from today. All the
petitioners will not be required to submit a copy of the writ petition and that
only the petitioner No. 1 may submit a copy of the writ petition with annexures
before the respondent No. 1 for consideration. The respondent No. 1, upon
receipt of the representations from the petitioners, shall consider and dispose of
the same within a period of three (3) months from the date of receipt of the
representations from the petitioners.
[7.] With the above observations and directions, the writ petition stands
disposed of.
JUDGE
Comparing Assistant
