Page No.# 1/16 GAHC010202762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5232/2025 KRISHNA BAISHYA S/O- BHEBALU BAISHYA, GRADE- IV EMPLOYEE OF PUB BONGSOR COLLEGE, KAMRUP, R/O- PACHARIA, KAMRUP, ASSAM, PIN- 781104. 2: KANAK CH KALITA S/O- MAHESWAR KALITA SR. ASSTT OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 3: NABIN CH TALUKDAR S/O- RATAN TALUKDAR SR. ASSTT OF PUB BONGSOR COLLEGE KAMRUP R/O- DADARA KAMRUP ASSAM PIN- 781104. 4: ABHIJIT BAISHYA S/O- LATE BHUMIDHAR BAISHYA JR. ASSTT OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 5: HEMANTA KALITA S/O- UMESH KALITA JR. ASSTT OF PUB BONGSOR COLLEGE Page No.# 2/16 KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 6: RATUL BAISHYA S/O- PRANESWAR BAISHYA LIB. ASSTT OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 7: DIPUL CH KALITA S/O- DEBEN CH KALITA GRADE- IV EMPLOYEE OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 8: MUNINDRA BAISHYA S/O- BALI RAM BAISHYA GRADE- IV EMPLOYEE OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 9: RUPESWAR BAISHYA S/O- LATE HABI RAM BAISHYA GRADE- IV EMPLOYEE OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP ASSAM PIN- 781104. 10: DEBA KANTA BAISHYA S/O- NANDI RAM BAISHYA GRADE- IV EMPLOYEE OF PUB BONGSOR COLLEGE KAMRUP R/O- PACHARIA KAMRUP Page No.# 3/16 ASSAM PIN- 781104. 11: MANOJ KR NATH S/O- LILADHAR NATH GRADE- IV EMPLOYEE OF BHURAGAON COLLEGE MORIGAON R/O- NIZ CHAHARIA LENGERIBORI MORIGAON ASSAM PIN- 782121. 12: HARESWAR DEKA S/O- GOPI DEKA SR. ASSTT OF BHURAGAON COLLEGE MORIGAON R/O- PABAKATI BHURAGAON MORIGAON ASSAM PIN- 782121. 13: JYOTIKA DEVI D/O- LILADHAR NATH SR. ASSTT OF BHURAGAON COLLEGE MORIGAON R/O- BORDUBA BHURAGAON MORIGAON ASSAM PIN- 782121. 14: SHAHIDUL ISLAM S/O- ABDUL JABBAR JR. ASSTT OF BHURAGAON COLLEGE MORIGAON R/O- BALIDUNGA BHURAGAON MORIGAON ASSAM PIN- 782121 15: PRAVAB BISWAS S/O- SUNIL KR BISWAS GRADE- IV EMPLOYEE OF BHURAGAON COLLEGE MORIGAON R/O- 2 BATALIMARI Page No.# 4/16 SONDUBA MORIGAON ASSAM PIN- 782121. 16: JUWEL AHMED S/O- JALAL UDDIN AHMED LIB. ASSTT OF BHURAGAON COLLEGE MORIGAON R/O- MALAHU BHURAGAON MORIGAON ASSAM PIN- 782121. 17: ABU HANIF S/O- RAFIZ UDDIN GRADE- IV EMPLOYEE OF BHURAGAON COLLEGE MORIGAON R/O- KUPATIMARI BHURAGAON MORIGAON ASSAM PIN- 782121. 18: SUSHANTA KR GHOSH S/O- SURESH GHOSH GRADE- IV EMPLOYEE OF BHURAGAON COLLEGE MORIGAON R/O- BORDUBA BHURAGAON MORIGAON ASSAM PIN- 782121. 19: MUNILAL CHAUHAN S/O- JAGUTU CHAUHAN GRADE- IV EMPLOYEE OF BHURAGAON COLLEGE MORIGAON R/O- BORDUBA BHURAGAON MORIGAON ASSAM PIN- 782121 20: DIPEN BARUAH S/O- GAHIN BARUAH GRADE- IV EMPLOYEE OF BHURAGAON COLLEGE Page No.# 5/16 MORIGAON R/O- NIZ GERUA GERUAGAON MORIGAON ASSAM PIN- 782121 21: MD ALAM KHAN S/O- LATE DAULAT KHAN ASSTT LIB. OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123 22: ABUL KACHEM S/O- ABDUL RASHID SR. ASSTT OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123. 23: MD MAINUL HOQUE CHOWDHURY S/O- LATE ANCHAR UDDIN SR. ASSTT OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123 24: MD RUHUL AMIN S/O- HABIBUR RAHMAN JR. ASSTT OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123. 25: MD MAINUL ISLAM Page No.# 6/16 S/O- HASEN ALI LIB. ASSTT OF KATAHGURI COLLEGE NAGAON R/O- TUKTUKI DHING NAGAON ASSAM PIN- 782123. 26: ABU SHAHED S/O- RAMJAN ALI GRADE- IV EMPLOYEE OF KATAHGURI COLLEGE NAGAON R/O- ROWMARI DHING NAGAON ASSAM PIN- 782123 27: IMDADUL ISLAM S/O- LATE NURUL HOQUE GRADE- IV EMPLOYEE OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123 28: INAMUL HOQUE S/O- MD AZIBUR RAHMAN GRADE- IV EMPLOYEE OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123 29: MD ATABUR RAHMAN S/O- LATE MD MOFIZ UDDIN GRADE- IV EMPLOYEE OF KATAHGURI COLLEGE NAGAON R/O- KATAHGURI DHING NAGAON ASSAM PIN- 782123 Page No.# 7/16 30: MD NAZRUL ISLAM S/O- KHURSED ALI GRADE- IV EMPLOYEE OF KATAHGURI COLLEGE NAGAON R/O- ROWMARI DHING NAGAON ASSAM PIN- 782123 31: MD SARIFUL ISLAM S/O- ABDUL KALAM GRADE- IV EMPLOYEE OF KATAHGURI COLLEGE NAGAON R/O- TUKTUKI DHING NAGAON ASSAM PIN- 782123 32: BHABANI DAS S/O- BHABENDRA CH DAS SR. ASSTT OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101. 33: BASANTA BHARALI S/O- UMA KANTA BHARALI JR. ASSTT OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101 34: PRABINA BHARALI D/O- DHARANI BHARALI JR. ASSTT OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101. Page No.# 8/16 35: GAUTAM DEKA S/O- GOBINDA DEKA LIB. ASSTT OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101 36: BINOD DAS S/O- MIHI RAM DAS GRADE- IV EMPLOYEE OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101 37: DIJEN KALITA S/O- HARESWAR KALITA GRADE- IV EMPLOYEE OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101 38: KARUNA DAS S/O- PRASANNA DAS GRADE- IV EMPLOYEE OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101. 39: MRIDUL BHARALI S/O- UMA KANTA BHARALI GRADE- IV EMPLOYEE OF MADHYA KAMPEETH COLLEGE KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101 40: MUNINDRA KALITA S/O- RAMESH KALITA GRADE- IV EMPLOYEE OF MADHYA KAMPEETH COLLEGE Page No.# 9/16 KAMRUP R/O- BORKA KAMRUP ASSAM PIN- 781101. 41: BISWAJIT THAKURIA S/O- LATE HARIKANTA THAKURIA SR. ASSTT OF WEST GUWAHATI COMMERCE COLLEGE KAMRUP (M) R/O- BARIPARA MALIGAON KAMRUP (M) ASSAM PIN- 781012 42: MANIKA KUMARI D/O- LATE NARAYAN KUMAR JR. ASSTT OF WEST GUWAHATI COMMERCE COLLEGE KAMRUP (M) R/O- SADILAPUR PANDU KAMRUP (M) ASSAM PIN- 781012. 43: MANTU KUMAR ROY S/O- DHIREN ROY GRADE- IV EMPLOYEE OF WEST GUWAHATI COMMERCE COLLEGE KAMRUP (M) R/O- CHENGA TARABARI BARPETA ASSAM PIN- 781305. 44: GOPESWAR DAS S/O- LATE KALI RAM DAS GRADE- IV EMPLOYEE OF WEST GUWAHATI COMMERCE COLLEGE KAMRUP (M) R/O- BHOMOLAHATI BAIHATA CHARIALI KAMRUP ASSAM PIN- 781121 45: ANIL BARMAN S/O- LATE ANANTA BARMAN GRADE- IV EMPLOYEE OF WEST GUWAHATI COMMERCE COLLEGE Page No.# 10/16 KAMRUP (M) R/O- SINGIMARI KAMRUP ASSAM PIN- 781104. 46: DIDARUL ISLAM BARBHUYAN S/O- MATIUR RAHMAN BARBHUYAN GRADE- IV/ LIB. BEARER OF UDALI COLLEGE NAGAON R/O- BAMUN GAON HOJAI ASSAM PIN-782446 47: MD EUNUS ALI S/O- LATE AMIR HUSSAIN GRADE- IV EMPLOYEE OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- SHIMLABARI PART- II BONGAIGAON ASSAM PIN- 783384. 48: SAFER UDDIN S/O- LATE ABDUL HOQUE SR. ASSTT OF OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- SHIMLABARI PART- II BONGAIGAON ASSAM PIN- 783384 49: SOFIKUL ISLAM S/O- ABUL KASHEM GRADE- IV EMPLOYEE OF OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- SHIMLABARI PART- II BONGAIGAON ASSAM PIN- 783384 50: MUSHABBER AHMED S/O- LATE SALIM UDDIN AHMED JR. ASSTT OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- LANGLA Page No.# 11/16 BARPETA ASSAM PIN- 781319 51: MOAZZAM HUSSAIN S/O-LATE LOKMAN ALI LIB. ASSTT OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- KANDULIA BONGAIGAON ASSAM PIN- 783384. 52: SADAR AL HUSSAIN S/O- LATE NUR MAHAMMAD JR. ASSTT OF OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- BARTARY BARPETA ASSAM PIN- 781319 53: SHORIFUL ISLAM S/O- MOKBUL HUSSAIN GRADE- IV EMPLOYEE OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- SHIMLABARI PART- II BONGAIGAON ASSAM PIN- 783384. 54: FIROZA BEGUM D/O- FAZLUL HOQUE GRADE- IV EMPLOYEE OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- SHIMLABARI PART- II BONGAIGAON ASSAM PIN- 783384 55: MD ZILL HOSSAIN S/O- MD JIAR ALI AKANDA GRADE- IV EMPLOYEE OF BARPETA BONGAIGAON COLLEGE BARPETA R/O- SHIMLABARI PART- I BONGAIGAON ASSAM PIN- 783384. (ALL ARE HAVING COMMON CAUSE OF ACTION Page No.# 12/16 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI, ASSAM PIN- 781006. 2:THE SECRETARY FINANCE DEPARTMENT TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI ASSAM PIN- 781006. 3:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI ASSAM PIN- 781019 Advocate for the Petitioner : SIRAJ CHOUDHURY, MS N CHATTERJEE,MR. M DUTTA Advocate for the Respondent : SC, FINANCE, SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 08.09.2025 Heard Mr. M. Dutta, learned counsel for the petitioners; Mr. S. Das, learned standing counsel for the Higher Education Department, respondent Nos. 1 & 3; and Mr. B. Gogoi, learned standing counsel for the Finance Department, respondent No. 2. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities to provide them regular scale of pay along with all other financial and service benefits as granted/would be to those similarly and equally placed employees of Page No.# 13/16 Venture Educational Institutions, whose services were provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (the Act of 2011 hereinafter) and the Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions Act, 2018 (the Act of 2018 hereinafter) and also in terms of the direction issued by a Division Bench of this Court in Abdul Motaleb and Others vs. The State of Assam and Others, in W.P.(C) No. 3239/2023. 3. Mr. Dutta, learned counsel for the petitioners submits that the petitioners are serving as Senior Assistant, Junior Assistant, Library Assistant and Grade-IV employees in different colleges and their names were recommended for provincialisation under the Act of 2011 and as such, the services of many incumbents were provincialised in a phase manner. But, the services of the present petitioners were not provincialised under the Act of 2011 and in the meantime, this Court had struck down the Act of 2011. Thereafter, the Government, in compliance with the direction of this Court, had introduced the Assam Education (Provincialisation of Services of Teachers and Re- Organization of Education Institutions) Act, 2017. But, there was no whisper about the non- teaching staff and therefore, the Government had amended the said Act in 2018 and accordingly, the services of the present petitioners were provincialised. 3.1. Further submission of Mr. Dutta is that in the Act of 2018, the non- teaching staffs were provided with fixed pay, which was challenged in a few writ petitions and a Division Bench of this court, in the case of Abdul Motaleb (Supra), had interfered with the said provisions and held that the principles for payment of regular scale to tutors as held in the case of Mohor Ali Sheikh and Others vs. The State of Assam and Others, reported in 2024 5 GLT Page No.# 14/16 689, shall also be applicable to the non-teaching staffs and as such, being similarly situated, the present petitioners are also entitled to similar benefits. 4. Per-contra, Mr. Das, learned standing counsel for the Higher Education Department, submits that it is well settled proposition of law that when a relief is granted to some persons, the other similarly situated persons are also entitled to the same. However, in the instant case, the present petitioners have not filed any representation before the respondent authorities for consideration of their prayer. 4.1. Further submission of Mr. Das is that this writ petition may be disposed of by directing the respondent authorities to consider the case of the petitioner in the light of the decision of this Court in the case of Abdul Motaleb (Supra). 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also gone through the decision of Abdul Motaleb (Supra). 6. It appears that in the aforementioned decision, a Division Bench of this Court, in paragraph No. 16, has observed as under:- “16. Accordingly, the present batch of writ petitions stands allowed by holding that the non-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.” Page No.# 15/16 7. It is not in dispute that the services of the present petitioners were provincialised under the Act of 2018 and Section 6(2) of the said Act indicates as under:- “6(2) The non-teaching staff whose services have been provincialised under this Act shall get fixed pay as specified in the Schedule with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. However their fixed salary shall not be less than the minimum wages fixed by the Government from time to time under the provisions of the Minimum Wages Act, 1948.” 8. It is to be noted here that in the case of Abdul Motaleb (Supra), the Division Bench has granted the benefit of just scale of pay to the petitioners of the said writ petition and it is not in dispute that the present petitioners are also similarly situated with the petitioners therein. 9. In that view of the matter, this Court is inclined to dispose of this petition by directing the petitioners herein to file a representation before the respondent authorities by enclosing the present writ petition along with all the relevant documents and also the decision of the Division Bench in the case of Abdul Motaleb (Supra), within a period of 1 (one) week from today. 10. On such representation being filed by the present petitioners, the respondent authorities shall examine and consider the same in the light of the decision of the Division Bench in the case of Abdul Motaleb (Supra), Page No.# 16/16 especially the paragraph No. 16 of the said decision and if the respondent authorities are satisfied that the present petitioners are similarly situated with the petitioners of W.P.(C) No. 3239/2023 (Abdul Motaleb and Others), then they shall also be extended the same benefits of scale of pay as granted in the said case. 11. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant