Page No.# 1/12 GAHC010068802025 2025:GAU-AS:4016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1875/2025 INDRA CHUTIA R/O- GURATHALI, BALIGAON, DHEMAJI, ASSAM, PIN- 787026 2: SHRI DALIMI CHUTIA AGED ABOUT 55 YEARS W/O INDRAMANI CHUTIA R/O GURTHALI BORBILA BHEBELI DHEMAJI ASSAM. PIN- 787026 3: SHRI DIPAK DOLEY AGED ABOUT 43 YEARS S/O MILAI DOLEY R/O ADUT GAON VTC- TINGIRI GAON SUBANSIRI (PART-II) DHEMAJI ASSAM. PIN- 787034 4: SHRI BOGITI PEGU AGED ABOUT 42 YEARS W/O DIPAK DOLEY R/O ADUT GAON Page No.# 2/12 TINGIRI GAON DHEMAJI ASSAM PIN- 787034. 5: SHRI KHARGESWAR DOLEY AGED ABOUT 48 YEARS S/O DHIREN DOLEY R/O ADUT GAON P.S- GOGAMUKH TINGIRI N.C DHEMAJI ASSAM PIN- 787034. 6: SHRI MADHURAM MEDAK AGED ABOUT 48 YEARS S/O PANIRAM MEDAK R/O BANHBARI MEDAK BILMUKH LAKHIMPUR ASSAM PIN- 787053. 7: SHRI DEBIRAM MILI AGED ABOUT 56 YEARS S/O KUKESWAR MILI R/O NAHARBARI TINGIRI GAON DHEMAJI ASSAM PIN- 787034. 8: SHRI JITENDRA PEGU AGED ABOUT 45 YEARS S/O MACHIRAM PEGU Page No.# 3/12 R/O ADUT GAON TINGIRI GAON DHEMAJI ASSAM PIN- 787034. 9: SHRI BHISMO KUMAR DOLEY AGED ABOUT 40 YEARS S/O INDRESWAR DOLEY R/O ADUT GAON TINGIRI N.C. DHEMAJI ASSAM PIN- 787034. 10: SHRI NILA KANTA MILI AGED ABOUT 56 YEARS S/O BAISWAR MILI R/O NAHARBARI TINGIRI GAON DHEMAJI ASSAM PIN- 787034. 11: SHRI JYOTISH KUMAR GAYAN AGED ABOUT 54 YEARS S/O ADHAN GAYAN R/O HILOIPARA KACHARI PATHAR DHEMAJI ASSAM PIN- 787058. 12: SHRI NILAKSHI PALAK AGED ABOUT 42 YEARS W/O JITU DUTTA Page No.# 4/12 R/O JORKATA KONCH DHEMAJI ASSAM. PIN- 787058. 13: SHRI KESHAB KONCH AGED ABOUT 40 YEARS S/O KAMAL CH KONCH R/O CHOWKHAM NO. 1 PAHUKHOWA DHEMAJI ASSAM PIN- 787058. 14: SHRI BETHARAM MILI AGED ABOUT 49 YEARS S/O LAKHI NATH MILI R/O KULAPATHAR ARADHAL DHEMAJI. PIN- 787057. 15: SHRI RENU PRABHA DOLEY AGED ABOUT 49 YEARS W/O JOYONTA DANG R/O 46 NO.1 RATANPUR PADI DHEMAJI. ASSAM PIN- 787060. 16: SHRI LABANYA PEGU AGED ABOUT 49 YEARS W/O SURAJIT DOLEY R/O NO. 1 AMRITPUR KEMERE PO- RATANPUR DISTRICT- DHEMAJI ASSAM. Page No.# 5/12 PIN- 787060 17: SHRI JUGESH CHETIA AGED ABOUT 54 YEARS S/O BOGA CHETIA R/O BORBAM GOHAIN GAON BEGENAGARA GAON DHEMAJI ASSAM PIN- 787058. 18: SHRI ABHIJIT DOLEY AGED ABOUT 51 YEARS S/O BAPESWAR DOLEY R/O AMRITPUR NO. 1 RATANPUR PADI DHEMAJI ASSAM PIN- 787060. 19: SHRI PRABIN DOLEY AGED ABOUT 54 YEARS S/O SHASHI DOLEY R/O MECHAKI TANGANI VTC- NO.2 SILAPATHAR BLOCK PO- SILAPATHAR SUB DISTRICT- SISSIBARGAON DISTRICT- DHEMAJI ASSAM PIN- 787059. 20: SHRI MINATI PEGU DOLEY AGED ABOUT 48 YEARS W/O PROBIN DOLEY R/O MECHAKI TANGANI Page No.# 6/12 VTC- NO.2 SILAPATHAR BLOCK PO- SILAPATHAR SUB DISTRICT- SISSIBARGAON DISTRICT- DHEMAJI ASSAM PIN- 787059. 21: SHRI MOHAN CHUNGKRANG AGED ABOUT 41 YEARS S/O RAMESH CHUNGKRANG R/O KASHINATH CHAPORI MISSING DHEMAJI ASSAM PIN- 787059. 22: SHRI DEBOJIT DEORI AGED ABOUT 40 YEARS S/O LAKHESWAR DEORI R/O CHILAPATHAR MICHING GAON NO.2 SILAPATHAR BLOCK DHEMAJI ASSAM. PIN- 787059 23: SHRI RANTU SAIKIA AGED ABOUT 34 YEARS S/O DHARMESWAR SAIKIA R/O BHEBELI SISSIBARGAON DHEMAJI ASSAM PIN- 786110. 24: SHRI NARANATH DOLEY AGED ABOUT 52 YEARS S/O KAKEN DOLEY Page No.# 7/12 R/O MECHAKI TANGANI GAON DHEMAJI ASSAM PIN- 786110. 25: SHRI HEMAKANTA PEGU AGED ABOUT 50 YEARS S/O KHEMANI PEGU R/O VTC. NO. 1 MECHAKI TANGANI SUB DISTRICT- SISSIBARGAON DISTRICT- DHEMAJI ASSAM PIN- 786110. 26: SHRI RUPJYOTI DOLEY PEGU AGED ABOUT 49 YEARS W/O FIROJ PEGU R/O NO. 1 MECHAKI TANGANI VTC- NO. 2 SILAPATHAR BLOCK PO- SILAPATHAR SUB DISTRICT- SISSIBARGAON DISTRICT- DHEMAJI ASSAM PIN- 787059. 27: SHRI ANIL KUMAR DOLEY AGED ABOUT 52 YEARS S/O KUNDAL DOLEY R/O MECHAKI TONGANI GAON VTC- NO. 1 PO- MECHAKI TONGANI MARIGAON SUB DISTRICT- SISSIBARGAON DISTRICT- Page No.# 8/12 DHEMAJI ASSAM PIN- 786110. 28: SHRI ASWINI KUMAR DOLEY AGED ABOUT 52 YEARS S/O SASHIDHAR DOLEY R/O MECHAKI TANGANI VTC- NO. 2 SILAPATHAR BLOCK PO- SILAPATHAR SUB DISTRICT- SISSIBARGAON DISTRICT- DHEMAJI ASSAM PIN- 787059. 29: SHRI DIPALI PEGU AGED ABOUT 49 YEARS D/O JAPARAT PEGU R/O ADUT GAON VTC- TINGIRI GAON PO- KHORACHUKGAON SUBANSIRI (PART-II) DHEMAJI ASSAM PIN- 787034. 30: SHRI BANESHWAR DOLEY AGED ABOUT 51 YEARS S/O ANANTA DOLEY R/O MECHAKI TANGANI SILAPATHAR VTC- NO. 2 PO- MECHAKI TON GANI MARIGAON Page No.# 9/12 SUB DISTRICT- SISSIBARGAON DISTRICT- DHEMAJI ASSAM PIN- 786110. 31: SHRI LALIT KUMAR BARUAH AGED ABOUT 46 YEARS S/O GHANA KANTA BARUAH R/O BANHPARA NO.1 JALBHARI LAKHIMPUR ASSAM PIN- 787055. 32: SHRI BIREN KUMAR DUTTA AGED ABOUT 59 YEARS S/O MUHIRAM DUTTA R/O JALBHARI NO.1 LAKHIMPUR ASSAM. PIN- 787055. 33: SHRI GAJEN CHANDRA BORUAH AGED ABOUT 55 YEARS S/O LUHESWAR BORUAH R/O BHATI JALBHARI DHAKUAKHANA NO.1 JALBHARI LAKHIMPUR ASSAM PIN- 787055. 34: SHRI SWAPAN DEY AGED ABOUT 44 YEARS S/O LATE PURNA DEY R/O DHAKUAKHANA (PART-I) Page No.# 10/12 LAKHMIPUR ASSAM PIN- 787055 VERSUS THE STATE OF ASSAM REP BY THE SECRETARY TO THE GOVT OF ASSAM, DEPTT OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 781006 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI - 781006. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -781019. 4:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT CIRCLE DHEMAJI PIN-78705 Advocate for the Petitioner : S J DUTTA, C SAIKIA,MR. M K DAS Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 04.04.2025 Heard Mr. M.K. Das, learned counsel for the petitioners, who submits that the petitioners are serving as teachers in various elementary schools in the Page No.# 11/12 State of Assam and they are presently receiving fixed monthly salary. 2. The petitioners’ prayer is for a direction to be issued to the respondents to grant them regular pay scale, as per the judgment and order dated 04.10.2024 passed in a series of writ petitions, the lead case being WP(C) 2729/2019. He accordingly submits that the present case being a covered case, the same should be disposed of in terms of paragraph 179 of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019. 3. Ms. P. Das, learned counsel appears for the respondent Nos.1, 3 & 4, while Ms. R.M. Baruah, learned counsel appears for the respondent No.2. They submit that they have got no objection to the prayer made by the petitioners’ counsel, in view of the fact that this is a covered case. 4. The only issue that has to be decided is as to whether the case of the petitioners herein is covered by the judgment and order passed in WP(C) 2729/2019. The prima facie view of this Court is that the case of the petitioners herein and the case of the petitioners in WP(C) 2729/2019 appears to be similar. However, to enable the State respondents to make a verification, with regard to whether the case of the petitioners herein is similar to the case of the petitioners in WP(C) 2729/2019, the State respondents are given time to verify the order/s dated 05.02.2021, by which the service of the petitioners have been provincialised as Tutors. 5. The above being said, paragraph-179 of the judgment and order passed in WP(C) 2729/2019 is reproduced hereinbelow, as follows : “179. It is true that the courts cannot direct the legislature to enact law in a Page No.# 12/12 particular manner. However, in discharge of its statutory obligation the Government, in exercise of its Rule making power, will have a duty to frame Rules for proper implementation of the provisions of the Statute. While framing the Rules, the State will also be under a bounden duty to, not only to act in terms of the scheme of the Act but also to unflinchingly adhere to the Constitutional norms of equality. It will, therefore, be in the fitness of things that the State Government itself, in exercise of its Rule making power under section 23 of the Act, takes necessary steps to provide for a regular pay scale to the Tutors, which can even be commensurate to the pay structure indicated in the Schedule of the Governing Act. Such a measure, in our view, will restore the equality of treatment to this category of Teachers with the other Government employees and at the same time will not become burdensome to the exchequer. We, therefore, direct the respondents to initiate necessary steps in the matter, in the light of the observations made here-in-above, as expeditiously as possible, preferably within a period of 6 (six) months from today.” 6. Accordingly, the State respondents shall make a verification of the provincialisation orders of the petitioners and if they find that the petitioners’ case and the case of the petitioners in WP(C) 2729/2019 is the same, the directions passed in paragraph-179 of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 shall also be made applicable to the petitioners. The entire exercise should be concluded within a period of 6 (six) months from the date of receipt of a certified copy of this order. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant