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Gauhati High Court

Page No.# 1/ vs The State Of Assam And 4 Ors on 28 January, 2026

Page No.# 1/10

GAHC010109702024

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

Case No. : WP(C)/2890/2024

RAMESH CHANDRA BORA AND 8 ORS
SON OF LATE KANAK CHANDRA BORA,
RESIDENT OF VILLAGE- RAIDONGIA,
DISTRICT- NAGAON, ASSAM, PIN- 782002.

2: SANJIB KUMAR SARKAR
SON OF LATE BUDORAM SARKAR

RESIDENT OF VILLAGE- DEOHARI BHATIPARA

DISTRICT- BONGAIGAON
ASSAM
PIN- 783384.

3: BALIN DEKA
SON OF SRI DEBEN DEKA

RESIDENT OF VILLAGE- KAMARPARA

DISTRICT- DARRANG
ASSAM
PIN- 784125.

4: SAIFUDDIN AHMED
SON OF KASHEMUDDIN AHMED

RESIDENT OF VILLAGE- BANGALIPARA
PART-I

DISTRICT- DHUBRI
ASSAM
PIN- 783348.

5: NABA CHOUDHURY
Page No.# 2/10

SON OF LATE JOGESH CHOUDHURY

RESIDENT OF VILLAGE- PASCHIM NAKHETI

DISTRICT- NALBARI
ASSAM
PIN- 781339.

6: CHABIN KUMAR
SON OF LATE HAHI RAM KUMAR

RESIDENT OF VILLAGE- RAJAPUKHURI

DISTRICT- KAMRUP
ASSAM
PIN- 781132.

7: SURAJIT DEBNATH
SON OF LATE SURENDRA DEBNATH

RESIDENT OF VILLAGE- DHING
WARD NO.- 3

P.O.- CHAMUA GAON
P.S.- DHING

DISTRICT- NAGAON
ASSAM
PIN- 782123.

8: MOTIOR RAHMAN
SON OF LATE AFAZ UDDIN

RESIDENT OF VILLAGE- MILAN NAGAR
LAKHIPUR
WARD NO.- 3

P.O.- LAKHIPUR
P.S.- LAKHIPUR

DISTRICT- GOALPARA
ASSAM PIN- 783129.

9: NAZRUL ISLAM
SON OF MAHAMMAD ALI

RESIDENT OF VILLAGE- SONAPUR
Page No.# 3/10

P.O.- MUGDI
P.S.- MUKALMUA

DISTRICT- NALBARI
ASSAM
PIN- 781312

VERSUS

THE STATE OF ASSAM AND 4 ORS
BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM,
EDUCATION (SECONDARY) DEPARTMENT,
DISPUR, GUWAHATI, PIN- 781006.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006.

3:THE DIRECTOR
SECONDARY EDUCATION
GOVERNMENT OF ASSAM
KAHILIPARA
GUWAHATI- 781019.

4:THE CHAIRMAN
ASSAM PAY AND PRODUCTIVITY PAY COMMISSION

DEPARTMENT OF FINANCE
DISPUR

GUWAHATI
PIN- 781006.

5:THE CHAIRMAN
ANOMALY COMMITTEE
FINANCE (PAY AND RESEARCH UNIT) DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006

Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,MS N MAHANTA,MR.
D J DAS

Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE
Page No.# 4/10

Linked Case : WP(C)/2121/2024

DILIP KUMAR SARMAH AND 3 ORS.
SON OF LATE PRAFULLA CHANDRA SARMA
R/O- VILLAGE- GHATUAPARA
P.O. AULACHOWKA
P.S. MANGALDAI
DISTRICT- DARRANG
ASSAM- 784529

2: TAPAN TALUKDAR
SONOF RAMKRISHNA TALIKDAR
R/O- VILLAGE- DALAIGAON (HALGIRIGHAT)
PO- BAMAKHATA
P.S. PATACHARKUCHI
DISTRICT- BARPETA
ASSAM- 781325

3: RABIN CHANDRA BARMAN
SON OF KAMESWAR BARMAN
R/O- WARD NO. 02
TIHU TOWN
P.O. TIHU
P.S. TIHU
DISTRICT- NALBARI
PIN- 781371

4: CHHATRA SINGH ROY
SON OF LATE PRAFULLA CHANDRA ROY
R/O- VILLAGE- JYOTI NAGAR
P.O. BONGAIGAON
P.S. BONGAIGAON
DISTRICT- BONGAIGAON
PIN- 783380
VERSUS

THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY
DEPARTMENT OF SECONDARY EDUCATION
DISPUR
GUWAHATI- 781006

2:THE DIRECTOR OF SECONDARY EDUCATION
Page No.# 5/10

ASSAM
KAHILIPARA
GUWAHATI
ASSAM- 781019

3:THE UNDER SECRETARY TO THE GOVERNMENT OF ASSAM
EDUCATION (S) DEPARTMENT
DISPUR
GUWAHATI
ASSAM- 781006

4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF FINANCE
DISPUR
GUWAHATI
ASSAM- 781006
------------
Advocate for : MR B PATHAK
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.

Linked Case : WP(C)/4517/2024

JANAKI KUMAR SHARMAH AND 7 ORS
S/O- KUNJO BIHARI DEB SARMA

VILL- ATUGAON
P.O.- MULAGAON

P.S.- BONGAIGAON

DISTRICT- BONGAIGAON
ASSAM

PIN- 783380.

2: ABU BAKKAR SIDDIQUE
S/O- LT. MOSLEM UDDIN

VILLAGE- GUTIPARA PART-IV

P.O.- GUTIPARA

P.S.- BILASIPARA

DISTRICT- DHUBRI
Page No.# 6/10

ASSAM

PIN- 783349.

3: NURMAHAMMAD KHAN
S/O- LT. RAHMAN KHAN

VILL- DANAKUCHI

P.O.- SONKUCHI

P.S.- BARPETA

DISTRICT- BARPETA
ASSAM
PIN- 781380.

4: AKSHAY KUMAR DEKA
S/O- LT. PRABPDH CHANDRA DEKA

VILL- ATHARA

P.O.- POTIMARI

P.S.- RANGIA

DISTRICT- KAMRUP(RURAL)

ASSAM
PIN- 781380.

5: GIRINDRA CHOUDHURY
S/O- LT. RAMONI MOHAN CHOUDHURY

VILL- BARBANG (CHOUDHARYPARA)

P.O.- BARBANG

P.S.- PATACHARKUCHI

DIST.- BAJALI
ASSAM

PIN- 781325.

6: AFSAR ALI
S/O- LT. BAHAR ALI
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VILL- THARIGRAMVITA

P.O.- MUTHAKHOWA

P.S.- SOUTH SALMARA

DIST.- DHUBRI
ASSAM

PIN- 783323.

7: ABDUS SOBAN
S/O- LT. HAZI KALU MUNCHY

VILL.- KUMULLIPARA

P.O.- GAREMARI

P.S.- HOWLY

DIST.- BARPETA
ASSAM.
PIN- 781314.

8: JITUMONI PACHANI
S/O- LT. PRAFULLA PACHANI

VILL- ASSOIBARI SONARI GAON

P.O.- CHOWTANG

P.S.- JORHAT
DIST.- JORHAT

ASSAM. PIN- 785101.
VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM

DEPARTMENT OF SECONDARY EDUCATION

DISPUR
GUWAHATI- 781006.

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
Page No.# 8/10

DISPUR
GUWAHATI
ASSAM- 781006.

3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI- 781006.

4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
ASSAM- 781019.
------------
Advocate for : MR. M NATH
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS

BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 28.01.2026

Heard Mr. R. M. Deka, learned counsel for the petitioners. Also heard Mr. B. Pathak, learned counsel for the petitioners and Mr. M. Hussain learned counsel for the petitioners appearing in their respective writ petition.

[2.] This Court observes that when the matter was listed on 09.12.2025, an instruction was issued to the Standing Counsel on the same date stating that the Department has resubmitted the proposal on the additional financial implications in respect of up-gradation of Grade Pay of Vocational Teachers as

per the 7th Pay and Productivity Pay Commission for their views and comments as sought for.

[3.] Today, another instruction dated 16.01.2026 has been placed before this Page No.# 9/10

Court, whereby, the Secretary to the Govt. of Assam, Department of School Education has requested the Director to furnish the details regarding demand of Vocational Part Time Teachers Pay parity with Vocational Full Time Teachers in respect of WP(C)/3521/2024 for onward submission to Finance (PRU) Department. The information sought for are the total exact number of Vocational Part Time Teachers required for equalization of pay, total financial implications involved and the budgetary provision provided for the Financial Year 2025-26.

[4.] This Court observes that by order dated 25.11.2025, this Court had recorded that the Department of School Education had been requested by the Finance Department to resubmit the proposal on the additional financial implications in the event of up-gradation of Grade Pay of Vocational Teachers as

per the 7th Pay and Productivity Pay Commission. It appears that the instruction being provided are of a similar nature being done only as and when the cases are slated to be listed.

[5.] The affidavit-in-opposition field by the Finance Department refers to the advice given to the Education Secondary Department to examine the matter in detail again vide Endorsement dated 27.01.2025.

[6.] The Director of Secondary Education and the Secretary to the Govt. of Assam, Department of School Education shall furnish appropriate instructions to the Standing Counsel as to the status of the preparation of the proposal and/ or reconsideration and/ or the stage of submission of the proposals at their own office levels.

[7.] It is noticed that today, no instructions have been produced from the Office of the Director of Secondary Education in the matter.

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[8.] List the matter again on 12.02.2026.

JUDGE

Comparing Assistant