Page No.# 1/5 GAHC010201152025 2025:GAU-AS:12349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5240/2025 MUBARAK DEWAN AND ORS S/O LT RAMJAN DEWAN VILL PAKABETBARI PAM PO PAKA BETBARI PATHER PS AND DIST BARPETA PIN 781352 2: ALI HUSSAIN S/O LT ABED ALI VILL BANBAHAR PO KAYAKUCHI PS AND DIST BARPETA PIN 781352 3: HAIDAR ALI S/O ABDUL AZIZ VILL ATA GAON PO SARUTAPA PS AND DIST BARPETA PIN 781352 4: ANIRUDHYA ROY S/O KHAGENDRA NATH ROY VILL PAKA BETBARI PO JARABARI PS AND DIST BARPETA PIN 781352 5: MAHAMMAD ALI S/O LT ATUAR RAHMAN VILL BANBAHAR PO KAYAKUCHI PS AND DIST BARPETA PIN 781352 6: MD MOMREZ ALI S/O LT MD NOWSHER ALI VILL KURTHA PO KAYAKUCHI PS AND DIST BARPETA PIN 781352 7: ATOWAR RAHMAN S/O WAHED ALI VILL DHAKALIAPARA PO JOSHIHATIPARA PS HOWLY DIST BARPETA PIN 781316 8: KHANDAKAR FAZAL HOQUE S/O LT KHANDAKAR ALI UDDIN VILL KUMILLIPARA PO GAREMARI PS HOWLY DIST BARPETA PIN 781314 9: MD IBRAHIM ALI S/O KUMULLIPARA PO GAREMARI PS AND DIST BARPETA PIN 781314 Page No.# 2/5 10: KASEM ALI S/O ALIM UDDIN VILL ATA GAON PO SARUTAPA PS AND DIST BARPETA PIN 781352 11: ABUL KALAM S/O SIRAJ UDDIN VILL ATA GAON PO SARUTAPA PS AND DIST BARPETA PIN 781352 12: SADEK ALI SIKDAR S/O LT JAMIR ALI SIKDAR VILL KHANDARPAR PO KUJARPITH PS AND DIST BARPETA PIN 781316 13: MAINAL HOQUE S/O LT KASHEM ALI SIKDAR VILL KEOTPARA PO JARABARI PS AND DIST BARPETA PIN 781314 14: NURUL HOQUE S/O KALU MIAH VILL KAMALPUR GAON PO KAMALPUR PS AND DIST BARPETA PIN 78135 VERSUS THE STATE OF ASSAM AND ORS REP B Y THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM SECONDARY EDUCATION DEPTT DISUR GUWAHATI 6 2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HIGER EDUCATION DEPTT DISPUR GUWAHATI 6 3:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPTT DISPUR GUWAHATI 6 4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI 6 5:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 6:THE DIRECTOR OF HIGHER EDUCATION EDUCATION KAHILIPARA ASSAM GUWAHATI 19 7:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA ASSAM GUWAAHTI 1 Page No.# 3/5 Advocate for the Petitioner : MR H A AHMED, ANACLATAS AHMED Advocate for the Respondent : SC, HIGHER EDU, SC, ELEM. EDU,SC, SEC. EDU.,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10/09/2025 (Michael Zothankhuma, J) 1. Heard Mr. A. Ahmed, learned counsel for the petitioners, who submits that the prayer of the petitioners, praying for grant of regular scale of pay has already been decided in a number of cases, including the order dated 05/08/2025 passed by a coordinate Bench of this Court in WP(C) 3239/2023 [Abdul Motaleb & 147 others Vs. State of Assam and others). 2. Mr. N.J. Khataniar, learned counsel for the Secondary Education Department, Assam and Mr. S. Das, learned counsel for the Higher Education Department, Assam, also submit that the present case is a covered case, in terms of the order dated 05/08/2025 passed in WP(C) 3239/2023. 3. We have heard the learned counsels for the parties. 4. Para 12 to 17 of the order dated 05/08/2025 passed in WP(C) No. 3239/2023 is reproduced herein below for ready reference :- “12. We have perused the determination made in Mohor Ali Sheikh (supra). Under the Act, 2017, those teachers, who were no having required qualifications mandated under the said Page No.# 4/5 Act, 2017, were brought under the fold of “Tutor” with a fixed scale of pay subject to their acquisition of such qualification within a period of five years and to get upgraded to the status of Teacher or otherwise, to continue as Tutors with fixed pay. Such prescription was challenged in Mohor Ali Sheikh (supra).The Co-ordinate Bench dealing with such challenge, held that by virtue of the acquisition of the status as “employees of the State Government of Assam”, after the provincialisation of services, the Tutors will be entitled to enjoy the benefits of the regular scale of pay that have been extended to other employees of the State. It was further held that it will be incumbent upon the Government to extend the regular scale of pay to the Tutors. Finally, a direction was issued to the State to extend a pay scale to the Tutors, which the State considers fit and proper, inasmuch as, it was held that such determination as regards appropriate scale of pay cannot be entertained in that writ petition challenging constitutional validity of the statute. 13. In the given facts of the present cases, we are of the opinion that Mr. Choudhury, learned Senior counsel for the petitioners, is correct that the same principle of law, is to be made applicable in the present batch of writ petitions and a direction may be issued in the light of the determination made in Mohor Ali Sheikh (supra) to extend scale of pay to the non- teaching staff, whose services have been provincialised under the Act, 2018. 14. It is an admitted position that though the services of teaching and nonteaching staff of venture educational institutions, were sought to be provincialised under the scheme of the Act, 2011 (since struck down), however, two different legislations were enacted, i.e., the Act, 2017 for provincialisation of services of the teaching staff of venture educational institutions and the Act, 2018 for provincialisation of services of the non-teaching staff of the venture educational institutions. 15. Under the Act, 2017, the Tutors were provided fixed scale of pay till the acquisition of their qualification to be recognised/upgraded as Teachers. However, as recorded hereinabove, it was held by the Co-ordinate Bench that when the services of those Tutors, were provincialised and the same were brought under the Government fold, a regular scale of pay was to be given to them. Therefore, we are also of the opinion that the same principle of law shall be applicable in the case of non-teaching staff, whose services, though had been provincialised and were brought under the government fold but were paid a fixed scale of pay. However, what should be such scale of pay, should be left to the wisdom of the State. 16. Accordingly, the present batch of writ petitions stands allowed by holding that the non- Page No.# 5/5 teaching staff would be entitled to equal treatment under the law as is extended to other government employees by virtue of their acquired status as employees of the State of Assam and since the other employees are enjoying the benefits of regular scale of pay, they should be paid a just scale of pay. However, what should be a just scale of pay is neither a question raised before this Court, nor we are inclined to enter into the said aspect of the matter in these writ petitions. Ordered accordingly. 17. The determination of such a scale of pay shall be made within a period of eight weeks from the date when a certified copy of this order is submitted before the Competent Authority in the Education Department by the petitioners.” 5. In view of the submissions made by the counsels for the parties that the present case is a covered case, the present writ petition is also disposed of in terms of the order dated 05/08/2025 passed in WP(C) 3239/2023. JUDGE JUDGE Comparing Assistant