Page No.# 1/ vs The State Of Assam And 3 Ors
2025 Latest Caselaw 3804 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 3 Ors on 6 March, 2025

                                                             Page No.# 1/10

GAHC010261522024




                                                        2025:GAU-AS:2388

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

                           Case No. : WP(C)/6774/2024

         BITUMANI DEVI AND 16 ORS
         W/O- MUKUL SARMA,
         VILLAGE- BARMURIKONA,
         P.O- BARBARI,
         P.S AND DIST- NALBARI,
         PIN-781351, ASSAM,
         TUTOR MOROWA BOYS MV SCHOOL, EDUCATIONAL BLOCK, PUB
         NALBARI

         2: MD. ANOWAR HUSSAIN
          S/O- LATE MAJUN ALI

         VILLAGE- LOHARKATHA

         P.O- LOHARKATHA

         P.S- MUKALMUA AND DIST- NALBARI

         PIN-781126
         ASSAM

         TUTOR HAMLAKUR BALIKUCHI SARAIGHAT M.E SCHOOL
         EDUCATIONAL BLOCK- BARKHETRI

         3: PADUMI BAISHYA
         W/O- RATUL BAISHYA

         VILLAGE- MOROWA

         P.O- MOROWA

         P.S AND DIST- NALBARI

         PIN-781348
                                       Page No.# 2/10

ASSAM

TUTOR MOROWA BOYS MV SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

4: KABINDRA BARUAH
 S/O- LATE KRISHNA KANTA BEZBARUAH

VILLAGE- ARIKUCHI

P.O- ARIKUCHI

P.S AND DIST- NALBARI

PIN-781339
ASSAM



TUTOR SUKDHAN JALIPRIYA KATPUHA M.E

SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

5: MANIKA DEKA
W/O- GAUTAM KUMAR DAS

VILLAGE- KULHATI

P.O-KULHATI

P.S- HAJO AND DIST- NALBARI

PIN-781104
ASSAM

TUTOR BIJULIGHAT MV SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

6: MD. SAMSUL HAQUE
 S/O- LATE SAHABUDDIN AHMED

VILLAGE- LOHARKATHA

P.O- LOHARKATHA
                                       Page No.# 3/10


P.S - MUKALMUA AND DIST- NALBARI

PIN-781126
ASSAM


TUTOR ADABARI MILAN M.E SCHOOL
EDUCATIONAL BLOCK
BARKHETRI

7: GIRIN KALITA
 S/O- PADORAM KALITA

VILLAGE- NIZ NAMATI

P.O- NIZ NAMATI

P.S-TIHU AND DIST- NALBARI

PIN-781351
ASSAM

TUTOR MILANJYOTI M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

8: MANOJ KUMAR SARMA
 S/O- LATE DINESH CH. SARMA

VILLAGE- BARJAR

P.O- BARAMA

P.S AND DIST- NALBARI

PIN-781346
ASSAM

TUTOR PUB BARAMA NALBARI M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

9: JOGENDRA BARMAN
 S/O- LATE KANTIRAM BARMAN

VILLAGE- JAMUNATTARY
                                Page No.# 4/10

P.O- DIGHELI

P.S-TIHU AND DIST- NALBARI

PIN-781371
ASSAM

TUTOR BHOLANATH M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

10: GITA DAS DEKA
W/O-NAGEN DEKA

VILLAGE- SAPKATA

P.OAND P.S-MUKALMUA

DIST- NALBARI

PIN-781126
ASSAM

TUTOR TARMATHA M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

11: LALIT CH. MEDHI
 S/O- LATE UDAY MEDHI

VILLAGE AND P.O- BARKURIHA


P.S AND DIST- NALBARI

PIN-781348
ASSAM

TUTOR SUTARKUCHI M.E SCHOOL
EDUCATIONAL BLOCK- BARKHETRI

12: MARJANA KALITA
W/O-DHIRAJ DAS

VILLAGE- MALIKUCHI WARD NO-2

P.O
 P.S AND DIST- NALBARI
                                  Page No.# 5/10


PIN-781335
ASSAM

TUTOR TILANA M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

13: CHANDANA DEKA
W/O- BANESWAR KALITA

VILLAGE- SANDHA

P.O- SANDHA

P.S DIST- NALBARI

PIN-781337
ASSAM

TUTOR KHATA BANBHAG M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

14: RITA MANI ROY
 S/O- LATE KANTIRAM BARMAN

VILLAGE- JAMUNATTARY

P.O- DIGHELI

P.S-TIHU AND DIST- NALBARI

PIN-781371
ASSAM

TUTOR BHOLANATH M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

15: GITA DEVI
W/O- KAMALESWAR SARMA

VILLAGE AND P.O-BALIKARIA

P.O- DIGHELI

P.S AND DIST- NALBARI
                                                     Page No.# 6/10


PIN-781341
ASSAM

TUTOR CHANDAKUCHI MV SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

16: BHUDEV KUMAR DAS
 S/O- LATE DINARAM SAUD

VILLAGE- NALBARI TOWN WARD NO-4

P.O AND P.S-NALBARI
DIST- NALBARI

PIN-781335
ASSAM

TUTOR THILANA M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBARI

17: RANJUMANI DEKA KALITA
W/O- MRINAL DEKA

VILLAGE- SANDHA

P.O- SANDHA

P.S AND DIST- NALBARI

PIN-781337
ASSAM

TUTOR UTTAR PUB-KHATA VIDYAPITH M.E SCHOOL
EDUCATIONAL BLOCK
PUB NALBAR

VERSUS

THE STATE OF ASSAM AND 3 ORS
REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION
DISPUR, GUWAHATI-781006

2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
                                                                        Page No.# 7/10

             KAHILIPARA
             GUWAHATI-781019

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
             NALBARI
             PIN-781335

            4:THE BLOCK ELEMENTARY EDUCATION OFFICER (BARKHETRI AND
            PUB-NALBARI)
             OF NALBARI DISTRICT
             PIN-781335
            ASSAM

            O/O- THE DISTRICT ELEMENTARY EDUCATION OFFICER
            NALBARI
            ASSA

Advocate for the Petitioner   : MR. A DEKA,

Advocate for the Respondent : SC, ELEM. EDU,




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 06-03-2025

1. Heard Mr. A Deka, learned counsel for the petitioners. Also heard Mr. G Pegu, learned Govt. Advocate appearing for respondent No.1 and Mr. B Kaushik, learned standing counsel, Elementary Education Department appearing for respondent Nos.2, 3 & 4. Also heard the learned standing counsel, Finance Department appearing for respondent No.5.

2. Mr. A. Deka, learned counsel for the petitioners submits that the petitioners are serving as Tutors in various Elementary Schools in the State of Assam and they are presently receiving fixed monthly salary. The petitioners' prayer is for a direction to be issued to the Page No.# 8/10

respondents to grant them regular pay scale, as per the judgment and order dated 04.10.2024 passed in a series of writ petitions, the lead case being WP(C) 2729/2019. He accordingly submits that the present case being a covered case, the same should be disposed of in terms of paragraph 179 of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019.

3. The learned counsel for the respondents submits that they have got no objection with the prayer made by the petitioners' counsel, in view of the fact that this is a covered case.

4. The only issue that has to be decided is as to whether the case of the petitioners herein is covered by the judgment and order passed in WP(C) 2729/2019. The prima facie view of this Court is that the case of the petitioners herein and the case of the petitioners in WP(C) 2729/2019 appears to be similar. However, to enable the State respondents to make a verification, with regard to whether the case of the petitioners herein is similar to the case of the petitioners in WP(C) 2729/2019, the State respondents are given time to verify the order/s dated 05.02.2021, by which the service of the petitioners have been provincialised as Tutors.

5. The above being said, paragraph-179 of the judgment and order passed in WP(C) 2729/2019 is reproduced hereinbelow, 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 Page No.# 9/10

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 58/58 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."

6. Accordingly, the State respondents shall make a verification of the provincialisation orders of the petitioners and if they find that the petitioners' case and the case of the petitioners in WP(C) 2729/2019 is the same, the directions passed in paragraph-179 of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 shall also be made applicable to the petitioners.

7. The entire exercise should be concluded within a period of 6 (six) months from the date of receipt of a certified copy of this order.

8. The writ petition is accordingly disposed of.

JUDGE Page No.# 10/10

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