Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 6 March, 2025
Page No.# 1/4
GAHC010266582024
2025:GAU-AS:2386
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6732/2024
JAMAL UDDIN MONDAL AND 2 ORS.
SON OF ESMAIL MONDAL, RESIDENT OF VILLAGE BHASSANICHAR PT-II,
UNDER P.O. A.M.CO. ROAD, P.S. DHUBRI IN THE DISTRICT OF DHUBRI,
PIN- 783323, ASSAM TUTOR- BIKROM MEMORIAL M E SCHOOL,
EDUCATIONAL BLOCK- BEEO, GAURIPUR, DHUBRI
2: FAZLUL HOQUE
SON OF LATE SAKAT ALI
RESIDENT OF VILLAGE- CHAGAL CHARA PT-II
UNDER P.O. CHAGAL CHARA
P.S. DHUBRI IN THE DISTRICT OF DHUBRI
PIN- 783324
ASSAM
TUTOR- CHAGAL CHARA PT-II M E SCHOOL
BLOCK- BEEO
GAURIPUR
DHUBRI
3: SOMSER ALI SK (SHEIKH)
SON OF LATE MONER UDDIN SHEIKH
RESIDENT OF VILLAGE- BOGULAMARI
UNDER P.O. A.M.CO. ROAD
P.S. DHUBRI IN THE DISTRICT OF DHUBRI
PIN- 783323
ASSAM
TUTOR- HAFIZA KHATUN GIRLS M E SCHOOL
BLOCK- BEEO
GAURIPUR
DHUBR
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
Page No.# 2/4
DISPUR, GUWAHATI-6
2:THE SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI- 781006
3:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DHUBRI
PIN- 783301
ASSAM
5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE (EC-II) DEPARTMENT
DISPUR
ASSAM
GUWAHATI- 781006
ASSA
Advocate for the Petitioner : MR. A DEKA,
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE DEPTT.
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.
Page No.# 3/4
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
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 :
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"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."
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
Comparing Assistant
