Page No.# 1/5 GAHC010257812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6557/2024 GOPAL CHANDRA HANDIQUE AND 11 ORS S/O TIRTHA NATH HANDIQUE, VILL- MAJ BAM F.V, P.O.- MAJ BAM CHARIALI (KHOWANG), DIST- DIBRUGARH, ASSAM, PIN-785675 2: ROHIT CHANDRA BORUAH S/O BIREN BORAUH VILL- PATHALIBAM KAMALDOI GAON P.O.-KHOWANG DIST- DIBRUGARH ASSAM PIN-785675 3: SUKHIDHAR SAIKIA S/O JAMBADHAR SAIKIA VILL- OUPHULIA GAON P.S.-TINGKHONG DIST- DIBRUGARH ASSAM PIN-786613 4: CHAKRADHAR BAKALIAL S/O LATE AMBIKA BAKALIAL VILL- 19 KECHERUGURI P.O.-BAGADAT DIST- DIBRUGARH ASSAM PIN-786612 5: PANKAJ HAZARIKA S/O RATNESWAR HAZARIKA VILL- KALAKHOWA GOZAI GAON P.O.-KALAKHOWA CHARIALI DIST- DIBRUGARH Page No.# 2/5 ASSAM PIN-786007 6: UMESH BORAH S/O HIREN BORAH VILL-DULIA GAON DIST- DIBRUGARH ASSAM PIN-786007 7: SARAT BORAH SO MINAKANTA BORAH VILL- BORSOLA GAON BORHULA FV P.S.-KHOWANG DIST- DIBRUGARH ASSAM PIN-785675 8: ASHOK LAMA S/O BOLMAN LAMA VILL- NAHARPARA BAKALIAL NAHARPARA BORBIL DIST- DIBRUGARH ASSAM PIN-786613 9: BHASKAR KONWAR S/O DONDI KONWAR VILL- NO. 1 SOLOGURI HOLGURI DIST- DIBRUGARH ASSAM PIN-785675 10: SMT. JYOTSNAJYOTI BORGOHAIN DEHINGIA W/O RANJAN DEHINGIA VILL- KONWAR DEHINGIA GAON DIST- SIVASAGAR ASSAM PIN-785662 11: SMT. USHA BARUAH PHUKAN W/O APURBA JYOTI PHUKAN VILL- KHOWANG AZARGURI GAON ATHABARI GAON P.O.-KHOWANG GHAT Page No.# 3/5 DIST- DIBRUGARH ASSAM PIN-785676 12: PHARINDRA UPADHYAY S/O LATE DADHIRAM UPADHYAY VILL- BANGLABARI P.O.-LACHIT NAGAR P.S.-TINGKHONG DIST- DIBRUGARH ASSAM PIN-78661 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWHATI-781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DIBRUGARH DIST- DIBRUGARH ASSAM PIN-78600 Advocate for the Petitioner : MR M R ADHIKARI, MS M BORAH Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, EDU BEFORE Page No.# 4/5 HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 09-04-2025 Heard Ms. M. Borah, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned standing counsel, Elementary Education Department as well as Ms. D.D. Barman, learned Government Advocate and Mr. B. Gogoi, learned Standing counsel, Finance. 2. By filing this writ petition, the writ petitioners have prayed for a direction to the respondent authorities to grant them regular pay scale. 3. The service of the petitioners have been provincialised as tutors in different schools vide order dated 05.02.2021 with fixed salay of Rs.10,800/- per-month as per the provision of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. 4. It is the contention of the petitioners that they are discharging similar nature of works as that of the teachers, however, they have been deprived of their legitimate scale of pay and other service benefits as provided to other similarly situated employees in the State. 5. Learned counsel for the petitioners submits that the Division Bench of this court in similar matters, being WP(C) 2729/2019 (Mohor Ali Sheikh and Ors., -vs- The State of Assam & Ors,.) and other batch of writ petitions vide order dated 04.10.2024 has directed the State respondents to take necessary steps to provide for regular pay scale to the teachers. 6. Ms. M. Borah, learned counsel for the petitioners submits that since the petitioners are similarly situated tutors as that of the writ petitioners in the above case, a similar relief may be granted to the present petitioners. 7. Ms. N.J. Khataniar, learned standing counsel, Elementary Education Department submits that the case of Mohor Ali Sheikh and Ors (supra), covers the case of the present petitioners, therefore, this Court may pass appropriate directions to the respondent authorities. 8. Having considered the submission of the learned counsel for the parties and also on perusal of the judgment and order dated 04.10.2024 passed in Mohor Ali Sheikh and Ors., -vs- The State of Assam & Ors,. reported in 2024 (5) GLT 689, I am of the considered view that similar relief can be provided to the petitioners as the judgment and order in Mohor Ali Sheikh (supra) appears to cover the case of the present petitioners. 9. The relevant paragraph of the said judgment is reproduced hereinbelow:- Page No.# 5/5 “179. It is true that the courts cannot direct the legislature to enact law in a 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.” 10. Accordingly, the State respondents are directed to verify and consider the case of the petitioners and provide similar relief to the petitioners as provided to the petitioners in the case of Mohor Ali Sheikh (supra). 11. The aforesaid exercise shall be completed within a period of 6 (six) months from the date of receipt of the certified copy of the order. 12. Writ petition is disposed of accordingly. JUDGE Comparing Assistant