Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 2 Ors on 24 September, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/6
GAHC010218612025
2025:GAU-AS:13143
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5695/2025
LUKA PEGU AND 16 ORS
SON OF- AJIT PEGU, RESIDENT OF- VILL - KARPUNPULI, DIST- DHEMAJI,
ASSAM, PIN- 787057, LIB. ASSTT, JIADHAL COLLEGE
2: DIP KUMAR DOLEY
SON OF -PADMADHAR DOLEY
RESIDENT OF- VILL -NALAMUKH
DIST--DHEMAJI
ASSAM
PIN- 787057
ASSTT LIB.
JIADHAL COLLEGE
3: LAKHYA NATH DOLEY
SON OF - MAHENDRA DOLEY
RESIDENT OF- VILL- NALAMUKH
DIST- DHEMAJI
ASSAM
PIN- 787057
SR. ASSTT
JIADHAL COLLEGE
4: TULAN PAIT
SON OF - JUGEN PAIT
RESIDENT OF- VILL -KULAPATHAR
DIST--DHEMAJI
ASSAM
PIN- 787057
SR. ASSTT
JIADHAL COLLEGE
5: DIPIKA DOLEY
DAUGHTER OF -HEMA DOLEY
RESIDENT OF- VILL -KARPUMPULI
Page No.# 2/6
DIST- DHEMAJI
ASSAM
PIN- 787057
JR. ASSTT
JIADHAL COLLEGE
6: PALLABI PEGU
DAUGHTER OF -HIREN PEGU
RESIDENT OF- VILL -NALAMUKH
DIST- DHEMAJI
ASSAM
PIN- 787057
JR. ASSTT
JIADHAL COLLEGE
7: BIPUL BORAH
SON OF -GUBINDRA BORAH
RESIDENT OF- VILL -NA-ALI BHAJU
DIST-DHEMAJI
ASSAM
PIN- 787057
GRADE-IV
JIADHAL COLLEGE
8: KHAGEN DOLEY
SON OF -DINESH DOLEY
RESIDENT OF- VILL --DIHIRI
DIST--DHEMAJI
ASSAM
PIN-787057
GRADE-IV
JIADHAL COLLEGE
9: NILESWAR PEGU
SON OF - LAKAI PEGU RESIDENT OF- VILL--NALAMUKH
DIST--DHEMAJI
ASSAM
PIN- 787057
GRADE-IV
JIADHAL COLLEGE
10: RAJA PEGU
SON OF -BETSHARAM PEGU
RESIDENT OF- VILL --NALAMUKH
DIST--DHEMAJI
ASSAM
PIN- 787057
GRADE-IV
Page No.# 3/6
JIADHAL COLLEGE
11: JHORNA PEGU
DAUGHTER OF -CHANDRA PEGU
RESIDENT OF- VILL --TINIGHARIA
DIST-- DHEMAJI
ASSAM
PIN- 787057
GRADE-IV
JIADHAL COLLEGE
12: KHIRESWAR DOLEY
SON OF -GOLAPCHAN DOLEY
RESIDENT OF- VILL --NALAMUKH
DIST--DHEMAJI
ASSAM
PIN- 787057
GRADE-IV
JIADHAL COLLEGE
13: DIPAK HAJONG
SON OF - DIPTI KUMAR HAJONG
RESIDENT OF- VILL- UDALGURI NEPALI GAON
DIST- UDALGURI
ASSAM
PIN- 784114
JR. ASSTT
KALAGURU BISHNU RABHA DEGREE COLLEGE
14: PRAN KANTA MONDAL
SON OF - LATE KANAI CH ROY MONDAL
RESIDENT OF- VILL- DHARMASALA PT- V
DIST- DHUBRI ASSAM
PIN- 783324
SR. ASSTT
DHARMASALA COLLEGE
15: JAMIR UDDIN SK
SON OF - UMAR UDDIN SK
RESIDENT OF- VILL- DHARMASALA PT- V
DIST- DHUBRI ASSAM
PIN- 783324
GRADE- IV
DHARMASALA COLLEGE
16: MUSTAFA AHMED
SON OF - ASGAR ALI SK
RESIDENT OF- VILL- DHARMASALA PT- III
Page No.# 4/6
DIST- DHUBRI ASSAM
PIN- 783324
JR. ASSTT
DHARMASALA COLLEGE
17: MATIOR RAHMAN
SON OF - LATE ASKAR ALI
RESIDENT OF- VILL- DHARMASALA PT- IV
DIST- DHUBRI ASSAM
PIN- 783324
GRADE- IV
DHARMASALA COLLEG
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR,
GUWAHATI, ASSAM, PIN-781006.
2:THE SECRETARY
FINANCE DEPARTMENT TO THE GOVERNMENT OF ASSAM
DISPUR
GUWAHATI
ASSAM PIN-781006.
3:THE DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI
ASSAM
PIN-78101
Advocate for the Petitioner : MR. M DUTTA, MS N CHATTERJEE
Advocate for the Respondent : SC, HIGHER EDU, SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 24-09-2025
Heard Mr. M Dutta, learned counsel for the petitioners. Also heard Mr.
D Upamanyu, learned Standing Counsel, Higher Education Department
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appearing for respondent Nos. 1 & 3 as well as Ms. RM Barooah, learned
Standing Counsel, Finance Department appearing for respondent No. 2.
[2.] Having regard to the nature of the grievance projected by the petitioners,
the writ petition is taken up for disposal at the motion stage itself, as agreed to
by the learned counsels for the parties.
[3.] The case of the petitioners is that they are working as Senior Assistants,
Junior Assistants, Library Assistants/Assistant Librarian and Grade-IV employees
under different provincialised Colleges and they come under the administrative
control of the Director of Higher Education, Assam (respondent No. 3). The
grievance expressed is that although their services have been provincialised,
they are only given fixed pay, whereas they should be given scale pay in terms
of the decision rendered by a Division Bench of this Court in Mohar Ali Sheikh
& Ors. Vs. State of Assam & Ors. , reported in 2024 5 GLT 689, which was
again relied upon by another Division Bench in WP(C) 3239/2023, which was
disposed of on 05.08.2025 (Abdul Motaleb & 147 Ors. Vs. State of Assam
& 6 Ors.).
[4.] The learned counsel submits that the petitioners in Mohar Ali Sheikh
(supra) were Tutors, whereas in Abdul Motaleb (supra), the petitioners were
non-teaching staffs. The present petitioners are Senior Assistants, Junior
Assistants, Library Assistants/Assistant Librarian and Grade-IV employees and
should be covered by the orders passed by the Division Bench in the earlier 2
(two) cases. But, since they had not approached this Court, the petitioners have
been informed that their cases will not be considered.
[5.] The learned counsel submits that similarly situated persons had
approached this Court by filing WP(C) 5232/2025 (Krishna Baishya & Ors. Vs.
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State of Assam & Ors.), which was disposed of on 08.09.2025 by directing the
petitioners to submit their respective representations before the Director of
Elementary Education with a further direction that if the case of the petitioners
are covered by the earlier judgments of this Court passed by the Division Bench,
similar benefits should be extended to them. The learned counsel submits that a
similar order in the instant case may be passed.
[6.] Considering the above submissions, the writ petition is disposed of with a
direction to the petitioners to file their respective representations before the
Director of Higher Education within a period of 10 (ten) days with a claim for
payment of scale of pay in terms of the earlier judgments rendered by the
Division Bench. The Director of Higher Education, upon receipt of such
representations, shall consider the same and if it is found that the petitioners
are indeed covered by the said judgments, similar benefits should be extended
to them.
JUDGE
Comparing Assistant
