Page No.# 1/ vs The State Of Assam And 3 Ors on 6 March, 2026

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                 Page No.# 1/10

GAHC010037452026




                                                            2026:GAU-AS:3262

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

                          Case No. : WP(C)/1266/2026

         PABITRA HANDIQUE AND 46 ORS
         R/O - BACHAPUKHURI, P.O. - SIMALUGURI, DISTRICT - LAKHIMPUR,
         ASSAM, PIN - 784164

         2: KALPANA DUTTA
          R/O - KARI GAON
          KHELMATI
          DISTRICT - LAKHIMPUR
         ASSAM
          PIN -787031

         3: DEEP KUMAR SAIKIA
          R/O -JARABARIGAON
          DISTRICT - LAKHIMPUR
         ASSAM
          PIN - 784164

         4: JYOTISH KALITA
          R/O - SALALGAON
          PANIGAON
          DISTRICT - LAKHIMPUR
         ASSAM
          PIN - 787052

         5: SARBANANDA BORA
          R/O - K.B. ROAD BALIGAON
          KHAR KATI DISTRICT - LAKHIMPUR
         ASSAM
          PIN - 787052

         6: BULTAN BHARALI
          R/O - VILLAGE PAHAKUA
          MADHABPUR
          DIKRONG
                         Page No.# 2/10

DISTRICT - LAKHIMPUR
ASSAM
PIN - 784164

7: BIMAL SARKAR
 R/O - PATANWOLA
 MUDOI BILL
 KUHIARBARI
 DISTRICT -LAKHIMPUR
ASSAM
 PIN - 787052

8: BROJEN DAS
 R/O - BOCHAGAON
 PANIGAON
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787052

9: DIGANTA SAIKIA
 R/O - PUKHURIPARIA
 NIZ LALUK
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784160

10: PUTUMONI DUTTA
 R/O - LECHAIGAON
 NORAGAON
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787052

11: DILIP SAIKIA
 R/O - GABHARU
 TUNIJAN

DISTRICT - LAKHIMPUR
ASSAM
PIN - 787052

12: DULAL SAIKIA
 R/O - DHENUDHORIYA
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787052

13: CHANDRESWAR GOGOI
                            Page No.# 3/10

R/O - 130
NH-15 GARMUR L.P. SCHOOL
LALUK
NIZ LALUK
DISTRICT - LAKHIMPUR
ASSAM
PIN - 784160

14: KUSHAL BORA
 R/O NIZ LALUK
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784160

15: MOUCHUMI NATH
 R/O - 1 NO. MAJGAON
 NO. 2 BOKANADI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787031

16: GITALI SAIKIA
 R/O - NO. 2
 BOKANADI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787031

17: KHIRA PRAVA DUTTA
 R/O - NO. 1
 BOKANADI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787031

18: DIPEN KALITA
 R/O - AZARGURI
 P.O. AHOMONI
 NAOBAICHA
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787052

19: BIPUL GOHAIN
 R/O - KATHANI
 BILOTIAGAON
 DISTRICT - LAKHIMPUR
ASSAM
                                         Page No.# 4/10

PIN - 780031

20: LAKHANI BORUAH
 R/O - NO. 2 KOWA DONG
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787031

21: MALABIKA BORAH
 R/O - NAKARI WARD NO. 3
 NORTH LAKHIMPUR DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787001

22: RANJAN KUMAR GOGOI
 R/O - BHARATPUR
 NO.1 BAHUPATHAR
 DULIYAPATHAR
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784164

23: MAHENDRA DUWARAH
 R/O - NO. 2
 BAHUPATHAR
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784164

24: AMALA BARUAH GOGOI
 R/O - NO. 2
 BAHUPATHAR
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784164

25: NIRU BARUAH
 R/O - NO. 2
 FUTABHUG
 LAKHIMPUR
 RUPTALI ADARSHA GAON
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

26: DIPALI HAZARIKA
 R/O - 2 NO RAMPUR
 NARAYANPUR
                            Page No.# 5/10

BAR KATHANI BHATOW KUCHI
DHALPUR
DISTRICT - LAKHIMPUR
ASSAM
PIN - 784165

27: KUSUM BORAH
 R/O - NO. 2
 RAMPUR
 LAKHIMPUR
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

28: JUNU SAIKIA
 R/O - DADHARA
 CHRISTIAN BASTI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

29: LEENA PHULGURAY
 R/O - SIMALUGURI NO.2
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

30: SASHI PHUKAN
 R/O - CHRISTANBASTI
DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

31: DURGESWAR GOGOI
 R/O - CHRISTANBASTI
 P.O. - SIMALUGURI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

32: MUHIRAM DAIMARY
 R/O - NO.2
 RAMOUR
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

33: KHAGEN GOGOI
                           Page No.# 6/10

R/O - TINIALI HANDIQUE
DHALPUR
DISTRICT - LAKHIMPUR
ASSAM
PIN - 784165

34: BINA HATIBORUAH
 R/O - TINIALI HANDIQUE
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

35: ABON GOGOI
 R/O - NO.2 RANGATI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

36: ANJANA GOGOI
 R/O - 2NO RAMPURI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

37: KUNJA GOGOI
 R/O - KAECHERUGUGI
 PULLNAHARANI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

38: SWAPNA DUWARAH
 R/O - TINIALI HANDIQUE

DISTRICT - LAKHIMPUR
ASSAM
PIN - 784165

39: MINESWAR GOGOI
 R/O -NO. 2 RANGATI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

40: DULUMONI SAIKIA
 R/O - TINIALI HANDIQUE

DISTRICT - LAKHIMPUR
                                   Page No.# 7/10

ASSAM
PIN - 784165

41: DIMBESWAR SARMA
 R/O - BHOLABARI
 BICHABORI
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787003

42: KUMUD MUDOI
 R/O - NARAYANPUR
 HARIDAH DISTRICT - LAKHIMPUR
ASSAM
 PIN - 784165

43: BONTI KULI
 R/O - NO. 2
 DAHGHARIA
 BODOTI JAMUGUN
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787162

44: PADMA DOLEY
 R/O - 07 ADARSA MARA DALONG
 BAGHADHARA L.P. SCHOOL
 GOMARIGURI
 GOLAGHAT
 PIN- 785705

45: GOPAL CHETRY
 R/O - DULIAPATHAR
 P.O - KUHIARBARI
 PANIGAON
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787052

46: RATAN DAS
 R/O - TAMALAGHULI
 KAMBONG PANIGAON P.O. PANIGAON
 DISTRICT - LAKHIMPUR
ASSAM
 PIN - 787052

47: KRISHNAMONI BORAH
 R/O - JORITUP AZAD
                                                                  Page No.# 8/10

             NORTH LAKHIMPUR DISTRICT - LAKHIMPUR
             ASSAM
             PIN - 78700

            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            DEPARTMENT OF SCHOOL EDUCATION, ASSAM,DISPUR, GUWAHATI - 6.

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

            3:THE DIRECTOR OF ELEMENTARY EDUCATION
             KAHILPARA
             GUWAHATI
            ASSAM - 781019.

            4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             LAKHIMPUR
            ASSAM
             PIN- 783380

Advocate for the Petitioner   : MR B D DAS, MR S BORA

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                         ORDER

Date : 06-03-2026

Heard Mr. BD Das, learned senior counsel assisted by Mr. S Bora, learned counsel for the petitioners. Also heard Mr. A Phukan, learned Standing Counsel, Elementary Education Department appearing for the said Department.

Page No.# 9/10

[2] Having regard to the nature of grievance projected by the petitioners, the writ petition is taken up for disposal at the motion stage itself.

[3] It is the case of the petitioners that they were appointed as Assistant Teachers/Stipendiary Teachers in different L.P. Schools/M.E. Schools in regular scale of pay on the recommendation of the constituted Selection Board in the year 1996 to 2001. The petitioners thereafter enjoyed the salary given to them for about 2 to 3 years, but thereafter, the same was stopped.

[4] Subsequently, the petitioners were adjusted as Tutors on a fixed remuneration of Rs.10,800/- per month w.e.f. 30.01.2021. Therefore, by filing the instant writ petition, they have sought for a direction to the respondent authorities concerned to grant them pay equivalent to those teachers getting scale of pay since they are performing a similar nature of work.

[5] The learned senior counsel submits that the matter had been considered by a Division Bench of this Court in Mohor Ali Sheikh & Ors. vs. State of Assam & Ors., reported in 2024 5 GLT 689, wherein the Court had directed the respondent authorities to determine the regular scale of pay to Tutors commensurate to other Government employees within a time frame of 6 (six) months. Following the said decision, the learned senior counsel submits that a number of cases have also been disposed of by this Court with similar directions and therefore the instant writ petition may be disposed of in similar line, since the petitioners are duly covered by the said decision and that they stand in the same footing.

[6] Considering the above projection, the writ petition is disposed of by directing the petitioners to submit their individual representations along with a Page No.# 10/10

certified copy of this order before the respondent No. 1. It is further provided that only the petitioner No. 1 would be required to submit a certified copy of this order along with one complete set of the writ petition before the respondent No. 1 and the same shall be taken into account and considered by the respondent authorities to take a decision for giving benefit of pay as commensurate to other Government employees. For the purpose of such consideration, the authorities concerned shall also take into account the decision of the Division Bench of this Court rendered in Mohor Ali Sheikh & Ors. (supra). The entire exercise be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order.

JUDGE

Comparing Assistant