Page No.# 1/7 vs The State Of Assam And 8 Ors on 3 February, 2026

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                 Page No.# 1/7

GAHC010219042017




                                                           2026:GAU-AS:1349

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

                           Case No. : WP(C)/829/2018

         PRADIP CHANDRA KALITA and 14 ORS.
         S/O. LATE ABHAY CHANDRA KALITA, RESIDENT OF JOYKUCHI, P.O.
         SAWKUCHI, DIST. KAMRUP (M), ASSAM.

         2: BABESH CHANDRA BARUAH
          S/O. LT. DINESH CHANDRA BARUAH
          R/O. KUKURMARA
          P.O. AMTOLA
          P.S. CHHAYGAON
          DIST. KAMRUP
         ASSAM.

         3: RAJESWAR DEKA
          S/O. LATE JADAV DEKA
         R/O. VILL. KORAIBIL
          P.O. BHAURIA BHITHA
          P.S. CHHAYGAON
          DIST. KAMRUP
         ASSAM.

         4: JIBUN NESSA
         W/O. LATE SAMSUDDIN AHMED
          R/O. VILL. DHALIPAR
          P.O. FUTURI
          P.S. CHHAYGAON
          DIST. KAMRUP
         ASSAM.

         5: DINESH DAS
          S/O. LATE JIBAN DAS
          R/O. RANIKHAMAR
          P.O. RAJAPARA
          P.S. PALASBARI
          DIST. KAMRUP
                                Page No.# 2/7

ASSAM.

6: UTPAL DEKA
W/O. LATE HARESWAR DEKA
 R/O. VILL. KATARABARI
 P.O. RAJAPARA
 P.S. PALASBARI
 KAMRUP
ASSAM.

7: MANOMATI LAHKAR TAMULI
W/O. LATE BHAGABAN TAMULI
 R/O. VILL. BORDHODHI
 P.O. GARUHA
 P.S. HAJO
 DIST. KAMRUP
ASSAM.

8: MAHESH CHANDRA DAS
 S/O. SRI RAMESH CHANDRA DAS
 R/O. VILL. KETEKIBARI
 P.O. ARAMBOI
 P.S. HAJO
 DIST. KAMRUP
ASSAM.

9: NIRMAL CHANDRA MEDHI
 S/O. LATE JOGESWAR MEDHI
 R/O. VILL. BANGALPARA
 P.O. BANGALPARA
 P.S. HAJO
 DIST. KAMRUP
ASSAM.

10: MUSST. KHADIJA BEGUM
W/O. LATE ABDUL MALEK
 R/O. VILL. NATUNKATHMIBILA
 P.O. KALATOLI BAZAR
 P.S. BOKO
 DIST. KAMRUP
ASSAM.

11: AMIYA DAS
W/O. LATE SATISH CHANDRA DAS
 R/O. VILL. BIHDIA
 P.O. CHHAYGAON
 P.S. CHHAYGAON
 DIST. KAMRUP
                                                    Page No.# 3/7

ASSAM.

12: KAMALA KALITA DAS
W/O. LATE NARESWAR DAS
 RESIDENT OF AGYATHURI
 P.O. DADARA
 P.S. HAGO
 DIST. KAMRUP
ASSAM.

13: BIREN CHANDRA DAS
 S/O. LATE BATAHU RAM DAS
 R/O. VILL. JAPIA
 P.O. JAPIA
 P.S. HAJO
 DIST. KAMRUP
ASSAM.

14: ANITA RANI BASAK
W/O. SRI PATIK BASAK
 R/O. GOROIMARI BAZAR
 P.O. TUKRAPARA
 P.S. CHAYGAON
 DIST. KAMRUP
ASSAM.

15: SYED IMRAN HUSSAIN
 S/O. LATE KHORSED ALI
 R/O. JAJIKONA
 P.O. MADHUKUCHI
 P.S. RONGIA
 DIST. KAMRUP
ASSAM

VERSUS

THE STATE OF ASSAM and 8 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION
(ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM.

2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
 FINANCE DEPARTMENT
 DISPUR
 GUWAHATI-6
ASSAM.

3:THE DIRECTOR
                                                                         Page No.# 4/7

             ELEMENTARY EDUCATION
             KAHILIPARA
             ASSAM
             GUWAHATI-19.

            4:THE INSPECTOR OF SCHOOLS
             GUWAHATI.

            5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             KAMRUP
             GUWAHATI.

            6:THE BLOCK ELEMENTARY EDUCATION OFFICER
             KAMRUP
             GUWAHATI.

            7:THE BLOCK ELEMENTARY EDUCATION OFFICER
             HAJO
             KAMRUP

            8:THE BLOCK ELEMENTARY EDUCATION OFFICER
             BOKO
             KAMRUP

            9:THE BLOCK ELEMENTARY EDUCATION OFFICER
             CHAMARIA
             KAMRUP

Advocate for the Petitioner   : MR. P J SAIKIA, MS. R GOGOI

Advocate for the Respondent : SC, ELEMENTARY EDUCATION, MR P N SARMA,MR. R
MAZUMDAR,SC, FINANCE

                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                          ORDER

Date : 03.02.2026

Heard Mr. P. J. Saikia, learned counsel for the petitioners. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, who appears for the respondent Nos. 1, 3, 4, 5, 6, 7, 8 & 9 and Ms. R. M. Barooah, learned Standing Counsel, Finance Department, who appears for the respondents No. 2.

Page No.# 5/7

[2.] This matter is listed today for referral to the Special Mediation Drive-Mediation "For the Nation", but however, the learned counsel for the parties submits that the matter may not be referred considering the issue involved.

[3.] The learned Standing Counsel, Elementary Education Department submits that she may be given some time to obtain instructions and to file counter-affidavit. However, considering the grievance projected by the petitioners and the fact that the case was filed as far back in the year 2018, this Court is inclined to dispose of the writ petition at this stage.

[4.] The petitioners, who are fifteen (15) in numbers, were initially appointed by the School Managing Committee concerned and when the School, in which they are working and certain posts in the School were provincialised, they did not get such benefit and as a result, they became dropped teachers. However, the State Government in the Elementary Education Department vide Order dated 14.07.2011, regularized their services against vacant posts in terms of the Court's direction mentioned in the said Order itself with immediate effect. The name of the petitioners are placed at Serial Nos. 5, 11, 18, 14, 1, 16, 2, 4, 15, 3, 6, 13, 7, 17 & 12 respectively in the Order dated 14.07.2011 (Annexure - 1).

[5.] It is the case of the petitioners that similarly situated persons, such as the petitioner "Smti. Nalini Mahanta" in WP(C) No. 5705 of 2009 has been allowed to avail regular scale of pay from the date of joining and therefore, similar benefits should be given to them. There is no dispute at the bar that the petitioners are getting the regular scale of pay w.e.f. 20.10.2012, while their claim is from 14.07.2011.

[6.] The petitioners had earlier approached this Court by filing WP(C) No. 1799 of 2013, which was disposed of vide Order dated 30.05.2014 in terms of the Judgment and Order dated 23.05.2014 passed in WP(C) No.2323 of 2013 as the same was squarely covered by the said Judgment and Order. The petitioners have annexed a Page No.# 6/7

copy of the Judgment and Order dated 23.05.2014 passed in WP(C) No. 2323/2013 amongst others as Annexure - 3 of the writ petition. The grievance projected by the petitioners in that case was non-payment of salary in the time scale of pay. Reliance was placed on the case filed by Smti. Nalini Mahanta, who in terms of the Court's direction was given time scale of pay from the date of regularization. This Court, therefore, held that the petitioners were also similarly placed with that of Smti. Nalini Mahanta and a direction was given to pay them monthly salary in the time scale of pay w.e.f. 20.10.2012. In respect of the claim that they are similarly situated and entitled to be paid from the date of their regularization, the respondent authorities were directed to examine the same at par with similarly situated teachers, such as Smti. Nalini Mahanta.

[7.] This Court taking note of the same and the submissions made by the learned counsel for the parties, disposed of the earlier writ petition filed by the present writ petitioners on 30.05.2014 as a covered case. The petitioners, thereafter, submitted two (2) representations dated 02.06.2014 and 01.01.2015 for taking necessary action in terms of the direction passed by this Court. Although, the time scale of pay has been given to the petitioners pursuant thereto w.e.f. 20.10.2012, but their claim for payment of the same from the date of regularization of their services admittedly has not been considered.

[8.] The learned Standing Counsel, Elementary Education Department has drawn the attention of this Court to the Order dated 30.03.2015 (Annexure - 7) passed by the Commissioner & Secretary to the Government of Assam, Elementary Education Department to contend that the petitioners have been granted time scale of pay in terms of the direction passed by this Court w.e.f. 20.10.2012. However, on perusal of the said Order, the same goes to show that the second part of the direction given by this Court for examining the case of the petitioners at par with those who are similarly situated such as Smti. Nalini Mahanta has not been taken into account. In other Page No.# 7/7

words, the claim for payment of time scale of pay w.e.f. 14.07.2011 to 20.10.2012 has not been considered.

[9.] Such being the position, this Court is of the considered view that the exercise has to be done by the authorities, in absence of any direction passed by a higher forum contrary to the order, which was already passed by Coordinate Bench of this Court on 23.05.2014 in WP(C) No. 2323 of 2014 & Ors.

[10.] Accordingly, the writ petition stands disposed of by directing the respondents, more particularly, respondent Nos. 1 & 3 to examine the case of the petitioners, as to whether they are similarly situated as that of Smti. Nalini Mahanta amongst others and upon such verification, if it is found that they are similarly situated, the petitioners will be accorded the time scale of pay w.e.f. the date of their regularization up to 20.10.2012. The said exercise be carried out within a period of two (2) months from the date of receipt of a certified copy of this Order. If the findings of the respondent Nos. 1 & 3 are in favour of giving scale of pay to the petitioners at par with similarly other situated persons, the respondent No. 2 shall extend all cooperation to sanction the amount so computed in accordance with law without delay.

[11.] With the above observations and directions, the writ petition stands disposed of.

JUDGE

Comparing Assistant