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2025 Latest Caselaw 8689 Gua

Gauhati High Court

Page No.# 1/3 vs Page No.# 2/3 on 19 November, 2025

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                    Page No.# 1/3

GAHC010254882025




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

                          Case No. : WP(C)/6522/2025

         ANU GOGOI AND 5 ORS.
         TUTOR, 246 NO. DHANDHULI L.P. SCHOOL P.O- TENGAPUKHURI PIN-
         785686 DISTRICT- CHARAIDEO, ASSAM

         2: SABINA ROHMAN
         TUTOR
          HULAL L.P. SCHOOL P.O.- DOLBAGAN PIN- 785686 DISTRICT- CHARAIDEO
         ASSAM

         3: JYOTI PROVA GOGOI
         TUTOR
          128 NO. CHIRING PUKHURI L.P. SCHOOL P.O- NIMANAGARH PIN-785689
         DISTRICT- CHARAIDEO
         ASSAM

         4: KABITA BORGOHAIN
         TUTOR
          MATHURAPUR M.V. SCHOOL P.O- MATHURAPUR PIN-785689 DISTRICT-
         CHARAIDEO
         ASSAM

         5: MADHABI BORAH
         TUTOR
          DIGHALIPUKHURI L.P. SCHOOL P.O.- MAIBELLA PIN- 785689 DISTRICT-
         CHARAIDEO
         ASSAM

         6: MRIDUL CHETIA
         TUTOR
          CHULADHARA L.P. SCHOOL P.O- TENGAPUKHURI PIN- 785686 DISTRICT-
         CHARAIDEO
         ASSA

         VERSUS
                                                                           Page No.# 2/3


            THE STATE OF ASSAM AND 4 ORS.
            REPRESENTED BY THE SECRETARY, TO THE GOVT. OF ASSAM,
            EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006.

            2:THE SECRETARY TO THE GOVT OF ASSAM

             EDUCATION DEPARTMENT
             DISPUR
             GUWAHATI-781006

            3:THE DIRECTOR OF ELEMENTARY EDUCATION
             KAHILIPARA
             GUWAHATI-781019.

            4:THE INSPECTOR OF SCHOOLS
             CHARAIDEO DISTRICT CIRCLE
             CHARAIDEO
            ASSAM
             .CHARAIDEO
             PIN- 785691

            5:DISTRICT ELEMENTARY EDUCATION OFFICER
             CHARAIDEO
             PIN- 785690
             P.O-SONAR

Advocate for the Petitioner   : MR. A DAS, MR. S. CHAMLAGAIN,MR. T SARMA,MR. N I
KHAN,MS. M BORDOLOI

Advocate for the Respondent : SC, ELEM. EDU,



                                           BEFORE
                        HON'BLE MR. JUSTICE NELSON SAILO
                                          O R D E R

19.11.2025

Heard Ms. M. Bordoloi, learned counsel for the petitioners, who submits that the petitioners are aggrieved with the action of the official respondents in granting only fixed pay to the petitioners despite the fact that the petitioners have been already provincialised in their services as Page No.# 3/3

Tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. She also submits that the case of the petitioners is squarely covered by the judgment of the Division Bench of this Court rendered in Mohor Ali Sheikh and others-vs- State of Assam and others, reported in (2024) 5 GLT 689. She also draws the attention of this Court to the paragraphs No.162 to 179 of the said decision.

In view of above, issue notice of motion returnable by three weeks.

Ms. S. Konwar, learned Government Advocate accepts notice on behalf of all the respondents. Notice is therefore complete.

Petitioners to serve requisite copies of the writ petition to the learned counsel appearing today for the respondent within two working days.

Ms. S. Konwar, learned Government Advocate shall examine the Division Bench judgment and make her submission by the next date as to whether the case of the petitioners can be disposed of as a covered case.

List the matter on 08.12.2025.

JUDGE

Comparing Assistant