Gauhati High Court
Page No.# 1/7 vs The State Of Assam on 28 February, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/7
GAHC010040192025
2025:GAU-AS:2058
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1066/2025
ABUAL MAZID
SON OF AHATULLA SK, R/O- VILL - BAMUNGAON PT-IV, P.O- SILJARA, P.S
KOKRAJHAR, DISTRICT- KOKRAJHAR, ASSAM, PIN- 783348, TUTOR-
UTTAR BORKASH L.P SCHOOL, BLOCK- BEEO, KOKRAJHAR
2: NIRMAL CH. MUSHAHARY
S/O- ISHAN MUCHAHARY
R/O- MAINAOPUR
KOKRAJHAR
ASSAM
PIN-783369
TUTOR
MILANJYOTI ME SCHOOL
BLOCK BEEO-KOKRAJHAR
2: SRI RANJIT KR NATH
SON OF BISTU RAM NATH
R/O- VILL GENDRABIL
P.O KOKRAJHAR
DISTRICT- KOKRAJHAR
ASSAM
PIN- 783370
TUTOR (SCIENCE) GENDRABIL M.E. SCHOOL
BLOCK BEEO
KOKRAJHAR.
3: LACHIT KUMAR NATH
S/O- LATE JAGEN CHANDRA NATH
R/O- BALAJAN TINIALI
P.O- HALTUGAON
P.S AND DIST-KOKRAJHAR
Page No.# 2/7
ASSAM
PIN-783370
TUTOR
PASCHIM BALAJAN L.P SCHOOL ME SCHOOL
BLOCK BEEO-KOKRAJHAR
3: SMTI SUSHMA DEBNATH
DAUGHTER OF CHAITANYA DEBNATH
R/O- VILL SUBHASH PALLY WARD NO. 3
P.O AND P.S AND DISTRICT KOKRAJHAR
ASSAM
PIN- 783370
TUTOR BINAPANI L.P SCHOOL
BLOCK BEEO KOKRAJHAR.
4: SMTI SIMA HAZARIKA
DAUGHTER OF RAHIMULLAH HAZARIKA
R/O- VILL AND P.O MAGUR MARI
P.S AND DISTRICT KOKRAJHAR
ASSAM
PIN-783370. TUTOR BINAPANI L.P SCHOOL
BLOCK BEEO
KOKRAJHAR.
4: SAMSUL UDDIN SHAIKH
S/O- MOKBEL HUSSAIN SHEIKH
R/O- KURSHAKATII
P.S AND DIST-KOKRAJHAR
ASSAM
PIN-783369
TUTOR
UTTAR KURSHAKATI L.P SCHOOL ME SCHOOL
BLOCK BEEO-KOKRAJHAR
5: ATOWAR RAHMAN
S/O- SEKHAR ALI
R/O- BARSHI PART I
P.O- LAKHIGUNJ
P.S-BILASIPARA AND DIST-DHUBRI
ASSAM
PIN-783370
Page No.# 3/7
TUTOR
PASCHIM BALAJAN L.P SCHOOL ME SCHOOL
BLOCK BEEO-KOKRAJHAR
5: SMTI PURNIMA ROY
C/O- SATIN ROY
R/O- VILL - KAUNIABHASA UJAN PARA
KOKRAJHAR
DISTRICT KOKRAJHAR
ASSAM
PIN783369
TUTOR MILANJYOTI M.E SCHOOL
BLOCK BEEO
KOKRAJHAR
6: SRI SAMBHU CHARAN ROY
S/O- GARMAN CHANDRA ROY
R/O- VILL KAUNIYA BHASA (MAJPARA)
P.O KALIPUKHURI
DISTRICT KOKRAJHAR
ASSAM
PIN- 783369. TUTOR (SCIENCE) MILANJYOTI M.E SCHOOL
BLOCK BEEO
KOKRAJHAR
6: HEMA RANI BASUMATARY
W/O- PHANINDRA BASUMATARY
R/O- BALAJAN TINIALI
P.O- HALTUGAON
P.S AND DIST-KOKRAJHAR
ASSAM
PIN-783370
TUTOR
PASCHIM BALAJAN L.P SCHOOL ME SCHOOL
BLOCK BEEO-KOKRAJHAR
7: PRAMOD CHANDRA BRAHMA
S/O- LATE GAJENDRA BRAHMA
R/O- BANGALDOBA PART I
P.O- DABORGAON
Page No.# 4/7
P.S AND DIST-KOKRAJHAR
ASSAM
PIN-783376
TUTOR
BANGALDOBA ME SCHOOL
BLOCK BEEO-KOKRAJHAR
8: SARAT CHANDRA BRAHMA
S/O- LATE RASEN BRAHMA
R/O- BANGALDOBA PART I
P.O- DABORGAON
P.S AND DIST-KOKRAJHAR
ASSAM
PIN-783376
TUTOR
BANGALDOBA ME SCHOOL
BLOCK BEEO-KOKRAJHAR
9: SAMARENDRA BORGOYARY
S/O- JITEN BORGAYARY
R/O- WARD NO-6
MAIBONG NWGWR
P.O- DABORGAON
P.S AND DIST-KOKRAJHAR
ASSAM
PIN-783370
TUTOR
FUNGKHA ME SCHOOL
BLOCK BEEO-KOKRAJHA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI-6
2:THE SECRETARY
Page No.# 5/7
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-06
3:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI-19
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
KOKRAJHAR
ASSAM
PIN-783370
5:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
DEPTT. OF FINANCE
DISPUR
GUWAHATI-06
ASSA
Advocate for the Petitioner : MR. M KALITA, MR. N M DAS,MR. J HATIMURIA
Advocate for the Respondent : SC, ELEM. EDU, SC, BTC,SC, FINANCE DEPTT.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 28-02-2025
Heard Mr. M Kalita, learned counsel for the petitioners, who submits
that the petitioners were initially appointed as teachers and that their
services were provincialised as Tutors under the Assam Education
(Provincialisation of Services of Teachers and Re-organisation of Educational
Institutions) Act, 2017. The petitioners have prayed for issuing a writ of
mandamus directing the respondent authorities to grant minimum pay scale
to them. The petitioners' counsel submits that the present case is a covered
case in terms of the Division Bench judgment and order dated 04.10.2024
passed in WP(C) 2729/2019 (Mohor Ali Sheikh & 22 Ors. Vs. The State of
Page No.# 6/7
Assam & 7 Ors.) and other connected writ petitions. As such a similar
direction may be issued, as has been issued in the said case.
2. Mr. PK Borah, learned counsel appears for the respondent Nos. 1 to 3, Mr.
B Choudhury, learned counsel appears for the respondent No. 4 while Mr. B
Gogoi, learned counsel appears for the respondent No. 5.
3. On considering the submissions made by Mr. B Choudhury, learned counsel
for the respondent No. 4, the Principal Secretary to the Bodoland Territorial
Council and Director of Education, Bodoland Territorial Council are impleaded as
respondent Nos. 6 & 7. The petitioner shall submit an amended cause-title with
the Registry within the course of the day.
4. Mr. B Choudhury, learned counsel accepts notice on behalf of respondent
Nos. 6 & 7.
5. The operative portion of the judgment and order dated 04.10.2024 passed
in WP(C) 2729/2019 by the Division Bench of this Court states as follows:-
"179. It is true that the courts cannot direct the legislature to enact law
in a particular manner. However, in discharge of its statutory obligation the
Government, in exercise of its Rule making power, will have a duty to frame
Rules for proper implementation of the provisions of the Statute. While framing
the Rules, the State will also be under a bounden duty to, not only to act in
terms of the scheme of the Act but also to unflinchingly adhere to the
Constitutional norms of equality. It will, therefore, be in the fitness of things
that the State Government itself, in exercise of its Rule making power under
section 23 of the Act, takes necessary steps to provide for a regular pay scale to
the Tutors, which can even be commensurate to the pay structure indicated in
the Schedule of the Governing Act. Such a measure, in our view, will restore the
equality of treatment to this category of Teachers with the other Government
Page No.# 7/7
employees and at the same time will not become burdensome to the exchequer.
We, therefore, direct the respondents to initiate necessary steps in the matter,
in the light of the observations made here-in-above, as expeditiously as
possible, preferably within a period of 6 (six) months from today."
6. As can be seen from above, the Division Bench of this Court had directed
the State Government to take necessary steps to provide a regular pay scale to
the Tutors which may be commensurate to the pay structure indicated in the
Schedule of the Governing Act. This Court is of the view that the issue raised in
the writ petition is governed by the Division Bench judgment and order dated
04.10.2024 passed in WP(C) 2729/2019. Accordingly, this writ petition stands
disposed of in terms of the Division Bench judgment and order dated
04.10.2024 passed in WP(C) 2729/2019 (Mohor Ali Sheikh & 22 Ors. Vs. The
State of Assam & 7 Ors.).
JUDGE
Comparing Assistant
