Page No.# 1/6 GAHC010235992024 2025:GAU-AS:2432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6169/2024 SUBRATA NATH AND 17 ORS. S/O- SOMIRAN CHANDRA NATH, R/O- VILL. AND P.O. UMEDNAGAR, P.S. LALA, DIST. HAILAKANDI, ASSAM 2: ABDUL MUNIM LASKAR S/O- SAMSUDDIN LASKAR R/O- VILL. AND P.O. LAKHIRBOND PART-II P.S. AND DIST. HAILAKANDI ASSAM 3: ALOM UDDIN MAZARBHUIYA S/O- ABDUL HOQUE MAZARBHUIYA R/O- HAILAKANDI TOWN WARD NO. 3 P.O.RATANPUR ROAD DIST. HAILAKANDI ASSAM 4: NURUL ISLAM BARBHUIYA S/O- LATE ABDUL KADIR BARBHUIYA R/O- VILL. AND P.O. VICHINGCHA PART-II DIST. HAILAKANDI ASSAM 5: ABDUL HANNAN LASKAR S/O- LATE DULOB ALI LASKAR R/O- VILL. AND PO. DINONATHPUR PT-I DIST. HAILAKANDI ASSAM 6: NUR AHMED LASKAR S/O- LATE RAKIB ALI LASKAR R/O- VILL.- SERALIPUR P.O. TANTOO Page No.# 2/6 DIST. HAILAKANDI ASSAM 7: SAIDUR RAHMAN BARBHUIYA S/O- ILIAS ALI BARBHUIYA R/O- VILL.- BHATIRKUPA P.O. CHANDIPUR DIST. HAILAKANDI ASSAM 8: NOOR AHMED LASKAR S/O- ABDUL SATTAR LASKAR R/O- VILL.- AND P.O. MATIJURI DIST. HAILAKANDI ASSAM PIN- 788155. 9: IMDADUR RAHMAN LASKAR S/O- ATIQUE RAHMAN LASAKR R/O- VILL.- SARBANANDAPUR P.O. SARBANANDAPUR DIST. HAILAKANDI ASSAM PIN- 788163. 10: AZIR UDDIN LASKAR S/O- KURSHED ALI LASKAR R/O- VILL.- DUDPUR P.O. VICHINGCHA DIST. HAILAKANDI ASSAM PIN- 788151. 11: SAMSUL ISLAM MAZUMDER S/O- ABDUL MANNAF MAZUMDER R/O- VILL.- PURBO KITTAR BOND-I P.O. AMALA DIST. HAILAKANDI ASSAM PIN- 788164. 12: AHMODUR RAHMAN LASKAR S/O- LUTHFUR RAHMAN LASKAR R/O- VILL. AND P.O. SARBANANDAPUR DIST. HAILAKANDI ASSAM PIN- 788163. Page No.# 3/6 13: ABDUR RAZAK BARBHUIYA S/O- MASHAID ALI BARBHUIYA R/O- VILL.- VICHINGCHA PT-II P.O. VICHINHCHA DIST. HAILAKANDI ASSAM PIN- 788151. 14: ABDUL MUKIT CHOUDHURY S/O- MAHMOD ALI CHOUDHURY R/O- VILL. AND P.O. NIZ VERNERPUR DIST. HAILAKANDI ASSAM PIN- 788161. 15: BISWAJIT DAS S/O- BROJENDRA CH. DAS R/O- VILL.- BORBOND PT-III P.O. BALIURA DIST. HAILAKANDI ASSAM PIN- 788155. 16: ZAKIR HUSSAIN BARBHUIYA S/O- HABIBUR RAHMAN BARBHUIYA R/O- VILL.- RONGPUR PT-V P.O. RONGPUR SOUTH DIST. HAILAKANDI ASSAM PIN- 788163. 17: PARVIN SULTANA CHOUDHURY W/O- HABIBUR RAHMAN MAZUMDER R/O- VILL.- TOWN WARD NO. 1 (A) P.O. AND DIST. HAILAKANDI ASSAM 18: HUMERA BEGUM MAZARBHUIYA W/O- AKLIM UDDIN LASKAR R/O- VILL.- VICHINGCHA PT-II P.O. VICHINGCHA PS AND DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY, GOVERNMENT OF ASSAM, Page No.# 4/6 DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GHY-06. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-781019. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MR. M KHAN, MR A K DAS,MS J AKTAR Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Linked Case : WP(C)/6064/2024 KH. BIDYAPATI SINGHA AND 2 ORS. S/O- LATE KH. BALHOB SINGHA R/O- VILL.- JALAMPUR P.O. SUDARSONPUR PT-III P.S. LALA DIST. HAILAKANDI ASSAM PIN- 788160. 2: FOZOL AHMED LASKAR S/O- NIAMAT ALI LASKAR R/O- VILL AND P.O. NIMAICHANDPUR PT-I P.S. LALA DIST. HAILAKANDI ASSAM PIN- 788168. 3: FARUK AHMED CHOUDHURY Page No.# 5/6 S/O- AFTAB UDDIN CHOUDHURY R/O- VILL.- ROMGPUR PT-IV P.O. SAHABAD P.S. KATLICHERRA DIST. HAILAKANDI ASSAM PIN- 788163. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GHY-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-781019. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN- 788151. ------------ Advocate for : MR. M KHAN Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS. BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 07.03.2025 1. Heard Mr. M Khan, learned counsel for the petitioners. Also Mr. A Phukan, learned standing counsel for the Finance Department and Mr. NJ Khataniar, learned Page No.# 6/6 standing counsel for the Elementary Education Department. 2. The petitioners though were appointed during the period of 1994 to 1996 in different upper primary school in the Hailakandi district. There were disputes as regards genuineness of their appointments and after a long litigational history and in terms of one man enquiry committee headed by Sri S Manoharan, IAS (better known as Manoharan Committee) recommended certain measures for regularisation of the services of the petitioners and similarly situated persons and accordingly, Task Force/ District Level Scrutiny Committee were constituted and the petitioners along with others, (151 in totals in the district of Hailakandi) were regularised with effect from date of their joining against the vacant posts with the scale of pay of Rs. 3130/-- 6600/- p.m. with other allowances. It was clarified that the teachers concerned will be eligible for salary from the date of joining after regularisation in the vacant posts. Now the petitioners claim arrears of salary for the period prior to the aforesaid date of regularisation. 3. This court is not inclined to entertain such prayer of the petitioners, more particularly, in view of the clear condition in the order of regularisation as recorded hereinabove inasmuch as such condition is not under challenge. 4. Though Mr. Khan contends that similarly situated persons are granted some arrears of salary, this court is not inclined to pass an order to grant arrears of salary beyond the condition incorporated in the order of regularisation, more so, when such condition of regularisation is not under challenge inasmuch as negative equality cannot be ground for issuance of writ of mandamus. 5. Accordingly, these writ petitions stand dismissed. JUDGE Comparing Assistant