Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 5 Ors on 24 March, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010262652024
2025:GAU-AS:3228
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6860/2024
UPEN CH. DAS AND ANR.
S/O- LATE. TEPARAM DAS, VILL.- FULERCHAR PT-III, P.O. FULERCHAR,
P.S. SUKCHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN-
783135
2: JAHAN UDDIN SK
S/O- JAHAL UDDIN SK
VILL.- FULERCHAR PT-III
P.O. FULERCHAR
P.S. SUKCHAR
DIST.- SOUTH SALMARA MANKACHAR
ASSAM
PIN- 78313
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-06
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-06
3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
4:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
Page No.# 2/4
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
SOUTH SALMARA MANKACHAR
P.O.- HATSINGIMARI
DIST.- SOUTH SALMARA MANKACHAR
ASSAM
PIN- 783136
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
MANKACHAR
P.O.- HATSINGIMARI
DIST.- SOUTH SALMARA MANKACHAR
ASSAM
PIN- 78313
Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 24-03-2025
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 of the
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.
Page No.# 3/4
2. Ms. S Chutia, learned counsel appears for the Elementary Education
Department, while Ms. RM Barooah, learned counsel appears for the Finance
Department.
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 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
Page No.# 4/4
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
