Page No.# 1/ vs The State Of Assam
2025 Latest Caselaw 3576 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam on 28 February, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                Page No.# 1/11

GAHC010039462025




                                                           2025:GAU-AS:2060

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/1093/2025

         ABDUR RAHMAN SK AND ORS
         S/O- TOWAJ ALI SK,
         VILL- DARCHOWKA PT. II,
         P.O- SHILAIRPAR, P.S- KAZIGAON
         DIST. KOKRAJHAR, ASSAM,
         PIN- 783331,
         SCHOOL- SOMER DAIR DARCHOWKA PT. II L.P SCHOOL.

         2: DHANANJAY RABHA
          S/O- LT. BHABENDRA RABHA
         VILL- MODATI PT.IV
         P.O- KHOPATI
          P.S- KAZIGAON
         DIST. KOKRAJHAR
         ASSAM
         PIN - 783339
         SCHOOL- PAHARTOLI BIKRIBADA (A) L. P. SCHOOL.

         3: JOYNAL ABEDIN SHEIKH
          (AGE-42 YRS)
         S/O- KAMAL HOSSAIN SK
         VILL- KHUTABAGRA PT. II
         P. O- ALOMGANJ
          P.S- KAZIGAON
         DIST. KOKRAJHAR
         ASSAM
         PIN- 783339
         SCHOOL - KHUTABAGRA PT.II L.P SCHOOL.

         4: ABDUL MANNAN SK
          S/O- LT. HAFIZ SK
         VILL- KHUTABAGRA PT. I
         P.O- ALOMGANG
          P.S- KAZIGAON
                                     Page No.# 2/11


DIST. KOKRAJHAR
ASSAM


5: NASIR UDDIN SK
 (AGE - 47 YRS)

S/O- ABDUL GAFUR SK

VILL- KAZIGAON RAVAPARA

P.O. AND P.S. - KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN- 783339

SCHOOL - PUB SANTIPUR M.E SCHOOL.

6: BADIAR JAMAN TALUKDAR

AGE-40 YRS
S/0- AMIR JAHAN TALUKDAR

VILL- KHUTABAGRA PT. I

P.O- ALOMGANJ
 P.S- KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN- 783339

SCHOOL- ROMNA L.P SCHOOL.

7: HOSSAIN ALI SK
 (AGE -50 YRS)

S/O- MONIR UDDIN SK

VILL- KAZIGAON RABHA PARA

P.O- KAZIGAON
 P.S- KAZIGAON
                                                  Page No.# 3/11

DIST. KOKRAJHAR
ASSAM

PIN- 783339

SCHOOL -PUB SANTIPUR M.E SCHOOL.

8: ANOWAR HOSSAIN SHEIKH

AGE-54 YR
S/0- DOBIR UDDIN SHEIKH

VILL- DALGRAM

P.O- DEBITOLA
 P.S-KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN NO- 783339

SCHOOL-THURIA PAHAR GIRLS L.P. SCHOOL.

9: AOHED ALI SK
 (AGE 55 YRS)

S/O- JAFAR ALI SK

VILL- MATIABAG

P.O. P.S. GAURIPUR

DIST. DHUBRI
ASSAM

PIN- 783331

SCHOOL- SOMER DAIR DARCHOWKA PT.II L.P SCHOOL.

10: AMINA KHATUN (AGE- 49 YRS)

W/O- ROSTOM ALI MOLLAH

VILL- MATIABAG

P.O. AND P.S. GAURIPUR
                                           Page No.# 4/11

DIST. DHUBRI
ASSAM

PIN- 783331

SCHOOL- ALOMGANJ PT.-III

L.P SCHOOL.

11: NUROL ISLAM SHEIKH
 (AGE- 59 YRS)

S/O LT. ABDUR RAHMAN MUNSHI

VILL- ANGARKATA PT. I

P.O. AND P.S. BAGRIBARI

DIST. KOKRAJHAR
ASSAM

PIN- 783349

SCHOOL- DEOKHANKAR PRATHAMIK VIDYALAYA.

12: WAHIDA HAQUE
 (AGE- 54 YRS)

W/O- NOOR HOSSAIN SK

VILL- ANGARKATA PT. III

P.O. P.S. BAGRIBARI

DIST. KOKRAJHAR
ASSAM

PIN-783349.
SCHOOL- 898 NO. MONIPUR

13: HAFIZA KHATUN
 (AGE- 38 YRS)

W/O- ROFIKUL ISLAM

VILL- MODATI PT-III

P.O- KHOPATI
                                                       Page No.# 5/11

P.S- KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN 783339

SCHOOL- ROMNA L.P SCHOOL.

14: RAMJAN ALI SK
 (AGE- 50 YRS)

S/O- DARAZ UDDIN SK

VILL- BAROVITA

P.O- DEBITOLA
 P. S- KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN-783339

SCHOOL - MATIBHANGA MAINUDDIN MEMORIAL L.P. SCHOOL.

15: SAHJAHAN AHMED
 (AGE- 50 YRS)

S/O- LT. MOHAMMED ALI

VILL- KAUNIABHASA UJANPARA

P.O- KALI PUKHURI
 P.S- SALAKATI

DIST. KOKRAJHAR
ASSAM

PIN- 783369

SCHOOL- MILONJYOTI M.E SCHOOL.

16: ASMAT ALI SHEIKH
 (AGE- 56 YRS)

S/O- LT. LALMIAH SHEIKH
                                                Page No.# 6/11

VILL- KAUNIABHASA MILMILIPARA

P.O- KALIPUKHURI
 P.S- SALAKATI

DIST. KOKRAJHAR
ASSAM

PIN- 783369

SCHOOL- KAUNIABHASA MILMILIPARA L. P SCHOOL.

17: PRABHAT CH. NATH
 (AGE- 54 YRS)

S/O- ANADI RAM NATH

VILL- ANTHAIBARI

P.O- HALOADAL
 P.S- BALAJAN

DIST. KOKRAJHAR
ASSAM

PIN- 783370

SCHOOL- HALOADAL M.E SCHOOL.

18: ISTESWARI ROY
 (AGE- 54 YRS)

W/O- SANI RAM NATH

VILL- BALAJAN TINALI

P.O- HOLTUGAON
 P.S- BALAJAN

DIST. KOKRAJHAR
ASSAM

PIN- 783370

SCHOOL- FUNGKHA M.E SCHOOL.

19: ABDUL BARIK MOLLAH
 (AGE- 58 YRS)
                                                Page No.# 7/11


S/O- RAMJAN ALI

VILL- LALMATI PT. II

P. O- JALABILA
 P. S- BAGRIBARI

DIST. KOKRAJHAR
ASSAM

PIN- 783348

SCHOOL- ABUL KALAM AZAD MEMORIAL LP SCHOOL.

20: JESMINA KHATUN
 (AGE- 57 YRS)

W/O- ABDUL BARIK MOLLAH

VILL- LALMATI PT. II

P. O- JALABILA
 P.S- BAGRIBARI

DIST. KOKRAJHAR
ASSAM

PIN- 783348

SCHOOL- ABUL KALAM AZAD MEMORIAL L.P SCHOOL.

21: AMINUR ISLAM TALUKDAR

S/O- ISMAIL HOSEN TALUKDAR

VILL- THURIAPAHAR



P.O- ALOMGANJ
 P. S- KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN- 783339
                                                     Page No.# 8/11


22: MOFIZUR ISLAM
 (AGE-56 YRS)

S/O- AKBAR ALI

VILL- KAZIGAON RAVAPARA

P.O. AND P.S. KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN- 783339

SCHOOL- PUB SANTIPUR L.P SCHOOL.

23: MIZANUR RAHMAN
 (AGE- 43 YRS)

S/0- DARAZ UDDIN SK

VILL- BAROVITA

P.O- DEBITOLA
 P.S- KAZIGAON

DIST. KOKRAJHAR
ASSAM

PIN-783339

SCHOOL- MALIBHANGA MAINUDDIN MEMORIAL L.P SCHOOL

VERSUS

THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI - 781006.

2:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
 FINANCE DEPARTMENT
 DISPUR
 GUWAHATI - 781006.

3:THE DIRECTOR OF ELEMENTARY EDUCATION
                                                                     Page No.# 9/11

             ASSAM
             KAHILIPARA
             GUWAHATI -781019.

            4:THE BODOLAND TERRITORIAL COUNCIL (BTC)
             REPRESENTED BY THE PRINCIPAL SECRETARY
             BTC
             KOKRAJHAR
            ASSAM
             PIN NO. 783370.

            5:THE DIRECTOR OF EDUCATION

             BTC
             KOKRAJHAR
             ASSAM
             PIN NO. 783370.

            6:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)

             KOKRAJHAR
             ASSAM
             PIN NO. 783370

Advocate for the Petitioner    : , M BEGUM,MD H R AHMED

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,SC, BTC




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

Date : 28-02-2025

Heard Mr. HR Ahmed, 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 Page No.# 10/11

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 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 & 3, Mr. B Choudhury, learned counsel appears for the respondent Nos. 4, 5 & 6, while Mr. B Gogoi, learned counsel appears for the respondent No. 2.

3. 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 employees and at the same time will not become burdensome to the Page No.# 11/11

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."

4. 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