Page No.# 1/4 GAHC010262652024 2025:GAU-AS:3228 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6860/2024 UPEN CH. DAS AND ANR. S/O- LATE. TEPARAM DAS, VILL.- FULERCHAR PT-III, P.O. FULERCHAR, P.S. SUKCHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135 2: JAHAN UDDIN SK S/O- JAHAL UDDIN SK VILL.- FULERCHAR PT-III P.O. FULERCHAR P.S. SUKCHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 78313 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 Page No.# 2/4 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SOUTH SALMARA MANKACHAR P.O.- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783136 6:THE BLOCK ELEMENTARY EDUCATION OFFICER MANKACHAR P.O.- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 78313 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 24-03-2025 Heard Mr. MR Khandakar, learned counsel for the petitioners, who submits that the petitioners were initially appointed as teachers and that their services were provincialised as Tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. The petitioners have prayed for issuing a writ of mandamus, directing the respondent authorities to grant minimum of the pay scale to them. The petitioners’ counsel submits that the present case is a covered case in terms of the Division Bench judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 (Mohor Ali Sheikh & 22 Ors. Vs. The State of Assam & 7 Ors.) and other connected writ petitions. As such a similar direction may be issued, as has been issued in the said case. Page No.# 3/4 2. Ms. S Chutia, learned counsel appears for the Elementary Education Department, while Ms. RM Barooah, learned counsel appears for the Finance Department. 3. The operative portion of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 by the Division Bench of this Court states 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 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.” 4. As can be seen from above, the Division Bench of this Court had directed Page No.# 4/4 the State Government to take necessary steps to provide a regular pay scale to the Tutors which may be commensurate to the pay structure indicated in the Schedule of the Governing Act. This Court is of the view that the issue raised in the writ petition is governed by the Division Bench judgment and order dated 04.10.2024 passed in WP(C) 2729/2019. Accordingly, this writ petition stands disposed of in terms of the Division Bench judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 (Mohor Ali Sheikh & 22 Ors. Vs. The State of Assam & 7 Ors.). JUDGE Comparing Assistant