Page No.# 1/10 GAHC010261522024 2025:GAU-AS:2388 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6774/2024 BITUMANI DEVI AND 16 ORS W/O- MUKUL SARMA, VILLAGE- BARMURIKONA, P.O- BARBARI, P.S AND DIST- NALBARI, PIN-781351, ASSAM, TUTOR MOROWA BOYS MV SCHOOL, EDUCATIONAL BLOCK, PUB NALBARI 2: MD. ANOWAR HUSSAIN S/O- LATE MAJUN ALI VILLAGE- LOHARKATHA P.O- LOHARKATHA P.S- MUKALMUA AND DIST- NALBARI PIN-781126 ASSAM TUTOR HAMLAKUR BALIKUCHI SARAIGHAT M.E SCHOOL EDUCATIONAL BLOCK- BARKHETRI 3: PADUMI BAISHYA W/O- RATUL BAISHYA VILLAGE- MOROWA P.O- MOROWA P.S AND DIST- NALBARI PIN-781348 Page No.# 2/10 ASSAM TUTOR MOROWA BOYS MV SCHOOL EDUCATIONAL BLOCK PUB NALBARI 4: KABINDRA BARUAH S/O- LATE KRISHNA KANTA BEZBARUAH VILLAGE- ARIKUCHI P.O- ARIKUCHI P.S AND DIST- NALBARI PIN-781339 ASSAM TUTOR SUKDHAN JALIPRIYA KATPUHA M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 5: MANIKA DEKA W/O- GAUTAM KUMAR DAS VILLAGE- KULHATI P.O-KULHATI P.S- HAJO AND DIST- NALBARI PIN-781104 ASSAM TUTOR BIJULIGHAT MV SCHOOL EDUCATIONAL BLOCK PUB NALBARI 6: MD. SAMSUL HAQUE S/O- LATE SAHABUDDIN AHMED VILLAGE- LOHARKATHA P.O- LOHARKATHA Page No.# 3/10 P.S - MUKALMUA AND DIST- NALBARI PIN-781126 ASSAM TUTOR ADABARI MILAN M.E SCHOOL EDUCATIONAL BLOCK BARKHETRI 7: GIRIN KALITA S/O- PADORAM KALITA VILLAGE- NIZ NAMATI P.O- NIZ NAMATI P.S-TIHU AND DIST- NALBARI PIN-781351 ASSAM TUTOR MILANJYOTI M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 8: MANOJ KUMAR SARMA S/O- LATE DINESH CH. SARMA VILLAGE- BARJAR P.O- BARAMA P.S AND DIST- NALBARI PIN-781346 ASSAM TUTOR PUB BARAMA NALBARI M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 9: JOGENDRA BARMAN S/O- LATE KANTIRAM BARMAN VILLAGE- JAMUNATTARY Page No.# 4/10 P.O- DIGHELI P.S-TIHU AND DIST- NALBARI PIN-781371 ASSAM TUTOR BHOLANATH M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 10: GITA DAS DEKA W/O-NAGEN DEKA VILLAGE- SAPKATA P.OAND P.S-MUKALMUA DIST- NALBARI PIN-781126 ASSAM TUTOR TARMATHA M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 11: LALIT CH. MEDHI S/O- LATE UDAY MEDHI VILLAGE AND P.O- BARKURIHA P.S AND DIST- NALBARI PIN-781348 ASSAM TUTOR SUTARKUCHI M.E SCHOOL EDUCATIONAL BLOCK- BARKHETRI 12: MARJANA KALITA W/O-DHIRAJ DAS VILLAGE- MALIKUCHI WARD NO-2 P.O P.S AND DIST- NALBARI Page No.# 5/10 PIN-781335 ASSAM TUTOR TILANA M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 13: CHANDANA DEKA W/O- BANESWAR KALITA VILLAGE- SANDHA P.O- SANDHA P.S DIST- NALBARI PIN-781337 ASSAM TUTOR KHATA BANBHAG M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 14: RITA MANI ROY S/O- LATE KANTIRAM BARMAN VILLAGE- JAMUNATTARY P.O- DIGHELI P.S-TIHU AND DIST- NALBARI PIN-781371 ASSAM TUTOR BHOLANATH M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 15: GITA DEVI W/O- KAMALESWAR SARMA VILLAGE AND P.O-BALIKARIA P.O- DIGHELI P.S AND DIST- NALBARI Page No.# 6/10 PIN-781341 ASSAM TUTOR CHANDAKUCHI MV SCHOOL EDUCATIONAL BLOCK PUB NALBARI 16: BHUDEV KUMAR DAS S/O- LATE DINARAM SAUD VILLAGE- NALBARI TOWN WARD NO-4 P.O AND P.S-NALBARI DIST- NALBARI PIN-781335 ASSAM TUTOR THILANA M.E SCHOOL EDUCATIONAL BLOCK PUB NALBARI 17: RANJUMANI DEKA KALITA W/O- MRINAL DEKA VILLAGE- SANDHA P.O- SANDHA P.S AND DIST- NALBARI PIN-781337 ASSAM TUTOR UTTAR PUB-KHATA VIDYAPITH M.E SCHOOL EDUCATIONAL BLOCK PUB NALBAR VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM Page No.# 7/10 KAHILIPARA GUWAHATI-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) NALBARI PIN-781335 4:THE BLOCK ELEMENTARY EDUCATION OFFICER (BARKHETRI AND PUB-NALBARI) OF NALBARI DISTRICT PIN-781335 ASSAM O/O- THE DISTRICT ELEMENTARY EDUCATION OFFICER NALBARI ASSA Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 06-03-2025 1. Heard Mr. A Deka, learned counsel for the petitioners. Also heard Mr. G Pegu, learned Govt. Advocate appearing for respondent No.1 and Mr. B Kaushik, learned standing counsel, Elementary Education Department appearing for respondent Nos.2, 3 & 4. Also heard the learned standing counsel, Finance Department appearing for respondent No.5. 2. Mr. A. Deka, learned counsel for the petitioners submits that the petitioners are serving as Tutors in various Elementary Schools in the State of Assam and they are presently receiving fixed monthly salary. The petitioners’ prayer is for a direction to be issued to the Page No.# 8/10 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. The learned counsel for the respondents submits that they have got no objection with 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 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 Page No.# 9/10 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 58/58 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. 7. 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. 8. The writ petition is accordingly disposed of. JUDGE Page No.# 10/10 Comparing Assistant