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
GAHC010030702025
2025:GAU-AS:2077
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1087/2025
ABDUL GAFFAR
C/O ABU HAYET,
RESIDENT OF VILLAGE RADHAKUCHI, PO RADHAKUCHI, DIST BARPETA
ASSAM,
2: TUFAZZAL HUSSAIN
C/O ALOWAR RAHMAN
RESIDENT OF VILLAGE KAHIKUCHI
PO KAHIKUCHI
DIST BARPETA
ASSAM
3: BACHAN ALI AHMED
C/O JAMAL UDDIN
RESIDENT OF VILLAGE NALI GAON
PO NALI GAON
DIST BARPETA
ASSAM
4: RAIZ UDDIN AHMED
C/O ABDUL AZIZ
RESIDENT OF VILLAGE KAYAKUCHI GAON
PO NALI GAON
DIST BARPETA ASSAM
5: MD. FAZLUR RAHMAN
C/O SOHRAB ALI
RESIDENT OF VILLAGE SONTOSHPUR PO SONTOSHPUR
PS MERERCHAR
DIST BONGAIGAON
ASSAM
Page No.# 2/7
6: SAIDUL ISLAM
C/O ABDUL HOQUE
RESIDENT OF VILLAGE BARTARY
PO RANGAPANI
DIST BARPETA
ASSAM
7: PIYAR ALI
C/O HAZARAT ALI
RESIDENT OF VILLAGE DUMERGURI
PO DUMERGURI
DIST BONGAIGAON
ASSAM
8: MORIUM KHATUN
D/O MATIOR RAHMAN
RESIDENT OF VILLAGE SONTOSHPUR
PO SONTOSHPUR
DIST BONGAIGAON
ASSAM
9: SOFIUR RAHMAN
C/O LATE JALAL UDDIN
RESIDENT OF VILLAGE DHALAGASA
PO RANGAPANI DIST BONGAIGAON
ASSAM
10: ABDUL HAI ALHADI
C/O ABUBAKKAR SIDDIQUE
RESIDENT OF VILLAGE JOYBHUM
PO JOYBHUM
DIST GOALPARA
ASSAM 783129
11: AHER ALI SHEIKH
C/O REFAZ ALI SHEIKH
RESIDENT OF VILLAGE NABAGATA SIMLITOLA
PO NABAGATA SIMLITOLA
DIST GOALPARA
ASSAM
12: SAHADAT AHMED
C/O ABUL HUSSAIN
RESIDENT OF VILLAGE GADESHALIPAM
PO SARTHEBARI
Page No.# 3/7
PS SARTHEBARI
DIST BARPETA
ASSAM
13: SHAMSUL HOQUE
C/O SHOMED ALI
RESIDENT OF VILLAGE JARABARI
PO JARABARI
DIST BARPETA
ASSAM
14: SHIKDER NABIR HUSSAIN
C/O SHIKDER SABED ALI AHMED
RESIDENT OF VILLAGE PUTLARTARY
PO JARABARI
DIST BARPETA
ASSAM
15: MAZEDUR RAHMAN
C/O HABEZ UDDIN
RESIDENT OF VILLAGE BARBALA
PO BARBALA
DIST BARPETA
ASSAM
16: ALI HUSSAIN
C/O JAHER ALI
RESIDENT OF VILLAGE KHIRABARI
PO BARPETA ROAD
DIST BARPETA
ASSAM
17: GULAPZAN AHMED
C/O ABDUL KADER BEPARI
RESIDENT OF BARPETA ROAD
PO BARPETA ROAD ASSAM
18: NAZRUL ISLAM
C/O MOKSHED ALI
RESIDENT OF JOGIRPAM
PO DABALIPARA
DIST BARPETA
ASSAM
19: RANGALAL CH. MANDAL
C/O HIRALAL MANDAL
RESIDENT OF VILLAGE JOTI GAON PO BHAKTARKUR
Page No.# 4/7
DIST BARPETA
ASSAM
20: FAZLUL HOQUE
C/O ABDUL GANI
RESIDENT OF VILLAGE TATIKUCHI
PO RADHAKUCHI
DIST BARPETA
ASSAM
21: HANIF ALI AHMED
C/O SANGSHER ALI
RESIDENT OF VILLAGE TARABARI
PO BAHARIHAT
DIST BARPETA
ASSAM
22: HUSSAIN ALI
C/O ABDUL KHALEK
RESIDENT OF VILLAGE KAMALPUR
PO BARBALA
DIST BARPETA
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR GUWAHATI 781006
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
FINANCE (EC-II) DEPARTMENT
DISPUR GUWAHATI 781006
3:THE SECRETARY
TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR GUWAHATI 781006
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI 781019
5:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
BARPETA ASSAM 781301
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6:THE INSPECTOR OF SCHOOLS
GOALPARA DISTRICT CIRCLE
GOALPARA ASSSAM 783101
7:THE INSPECTOR OF SCHOOLS
BONGAIGAON DISTRICT CIRCLE
ASSAM 783380
8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BARPETA
ASSAM 781301
9:THE DISTRICT ELEMENTARY EDUCATION OFFICER
GOALPARA
ASSAM
10:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BONGAIGAON
ASSAM 78338
Advocate for the Petitioner : MS S. MEHJABIN, MR. R ISLAM,MR N SARMA,MR G U
AHMED
Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
28.02.2025
Heard Mr. N. Sarma, 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
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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. S.M.T. Chistie, learned counsel appears for the respondent Nos.3, 4,
5, 6, 7, 8, 9 & 10. Mr. B Gogoi, learned counsel appears for the respondent
No. 2, while Mr. P. Saikia, learned counsel appears for the respondent No. 1.
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 exchequer. We, therefore, direct the respondents to
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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
