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
GAHC010038722025
2025:GAU-AS:2059
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1082/2025
ANOWAR HUSSAIN
S/O- TAIMUR ALI SARKAR,
VILLAGE-KALDOBA PART III,
P.O AND P.S- AGOMONI, DIST- DHUBRI, ASSAM, PIN-783335
2: ABDUS SAMAD ALI
S/O- LATE BERA MAMUD SK
VILL- TALOWAGAON.
P.O- SRINAGAR
P.S- TAMARHAT
DIST- DHUBRI
ASSAM
PIN-783332
3: UTPAL KUMAR MONDAL
S/O- DHIRENDRA NARAYAN MONDAL
VILL- KAIMARA PART VII.
P.O- KAIMARI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783335
4: DILIP CHANDRA ROY
S/O- LATE DEIJENDRA NATH ROY
VILL- BHAMANDANGA PART I
P.O- KHERBARI
P.S- AGOMONI
DIST- DHUBRI
ASSAM
PIN-783332
5: HARUNAR RASHID SARKAR
S/O- LATE MOHIR UDDIN SARKAR
Page No.# 2/7
VILL- SUPARIKUTY.
P.O- JHAPUSABARY
P.S- AGOMONI
DIST- DHUBRI
ASSAM
PIN-783335
6: JAHIRUL HOQUE
S/O-ALIMUDDIN SK
VILL- GHARIALDANGA PART III
P.O- MAHAMAYAHAT
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783335
7: AYNAL HOQUE
S/O- TAMSER ALI SK
VILL- KAIMARI PART VI
P.O- KAIMARI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
8: SARASWATI ROY
S/O- SUBHENDU SARKAR
VILL- KAIMARI PART VI
P.O- KAIMARI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783335
9: BIBHU KUMAR BHAKAT
S/O- KHAGENDRA NATH BHAKAT
VILL- KAIMARI PART VI
P.O- KAIMARI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783335
10: MECHER ALI MIAH
S/O- SABAN ALI
VILL- KHERBARI PART I
P.O- KHERBARI
Page No.# 3/7
P.S- AGOMONI
DIST- DHUBRI
ASSAM
PIN-783335
11: AZIZUR RAHMAN
S/O- LATE JENATULLAH MIAH
VILL- KHERBARI PART I
P.O- KHERBARI
P.S- AGOMONI
DIST- DHUBRI
ASSAM
PIN-783335
12: BASIRUDDIN AHMED
S/O- AKBAR ALI AHMED
VILL- TALLI PART II
P.O-BELGURI
P.S- AGOMONI
DIST- DHUBRI
ASSAM
PIN-783335
13: RAMANATH ROY
S/O- RAJ CHANDRA ROY
VILL- KAIMARI PART IV
P.O- KAIMARI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783335
14: PRODIP KUMAR ROY
S/O- PUSPA CHANDRA ROY
VILL- JHAPUSABARI PART I
P.O- JHAPUSABARI
P.S- AGOMONI
DIST- DHUBRI
ASSAM
PIN-783335
15: DHARMA NARAYAN ROY
S/O- LATE LALJI ROY
VILL- CHARAIKHOLA
P.O-BISONDAI
Page No.# 4/7
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783334
16: SAMIR CHANDRA KARMAKAR
S/O- BIMAL CHANDRA KARMAKAR
VILL- BISONDAI PART II
P.O-BISONDAI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-783334
17: SAIFUR ALI SK
S/O- LATE FULBAR ALI SK
VILL- BISONDAI PART I
P.O-BISONDAI
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN-78333
VERSUS
THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF
SCHOOL EDUCATION, (ELEMENTARY), DISPUR, GUWAHATI-06 ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06
3:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI-19
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DHUBRI
ASSAM
PIN-783301
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
AGOMONI
DHUBRI
ASSAM
Page No.# 5/7
PIN-783335
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
GOLAKGANJ
DHUBRI
ASSAM
PIN-78333
Advocate for the Petitioner : MR. MOSTAFIZUR RAHMAN KHANDAKAR, MR. A ROHMAN
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 28-02-2025
Heard Mr. MR Khandakar, 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
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 to 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
Page No.# 6/7
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 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
Page No.# 7/7
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
