Page No.# 1/7 GAHC010262972024 2025:GAU-AS:2387 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6767/2024 SAMARENDRA BAISHYA AND 13 ORS. S/O- LATE RATNAKANTA BAISHYA, R/O- MAROWA, UNDER P.O. MAROWA, P.S. AND DIST. NALBARI, ASSAM, PIN- 781348, ASSAM, TUTOR- 824 NO. TARMATHA BALAK L.P. SCHOOL, EDUCATIONAL BLOCK- PUB NALBARI, ASSAM 2: FARJAN ALI S/O- LATE SAHNUR ALI R/O- MADHAPUR UNDER P.O. MAROWA P.S. MUKALMUA DIST. NALBARI PIN- 781348 ASSAM TUTOR- BHABANIPUR L.P. SCHOOL EDUCATION BLOCK- PUB NALBARI ASSAM 3: KHAIRUN NESSA BEGUM W/O- MAINUL HAQUE R/O- MADHAPUR UNDER P.O. MAROWA P.S. MUKALMUA DIST. NALBARI PIN- 781348 ASSAM TUTOR- 545 NO. JAHA L.P. SCHOOL EDUCATION BLOCK- PUB NALBARI ASSAM 4: MALINI BARUAH HAZARIKA W/O- BHUBAN HAZARIKA R/O- CHURCHRI UNDER P.O. BARNARDDI P.S. BELSOR DIST. NALBARI Page No.# 2/7 ASSAM PIN- 781303 TUTOR- BIHUDHAR L.P. SCHOOL EDUCATIONAL BLOCK- PUB- NALBARI ASSAM 5: HALIMA BEGUM W/O- SAFIULAR RAHMAN R/O- CHARIA UNDER P.O. PUBKALAKUCHI P.S. MUKALMUA DIST. NALBARI PIN- 781348 ASSAM TUTOR- DEVISADAGAR L.P. SCHOOL CHARIA EDUCATIONAL BLOCK- PUB- NALBARI ASSAM 6: EASHIN ALI S/O- LATE KHAIRAT ALI R/O- CHANDAKUCHI UNDER P.O. CHANDAKUCHI P.S. AND DIST. NALBARI PIN- 781334 ASSAM TUTOR- MARNOIPAR L.P. SCHOOL EDUCATIONAL BLOCK- PUB NALBARI ASSAM 7: BANGSHIDHAR DEKA S/O- LATE TARUN DEKA R/O- BARAZARA UNDER P.O. BARAZARA P.S. AND DIST. NALBARI PIN- 781310 ASSAM TUTOR- PASCHIM BARAZARA L.P. SCHOOL EDUCATION BLOCK- PUB- NALBARI ASSAM 8: BUBUL HUSSAIN S/O- LATE PAINUR ALI R/O- SARABARI UNDER P.O. DEHARKALAKUCHI P.S. MUKALMUA DIST. NALBARI PIN- 781310 ASSAM Page No.# 3/7 TUTOR- 713 NO. PASCHIM KHATAR L.P. SCHOOL EDUCATIONAL BLOCK- PUB- NALBARI ASSAM 9: SIRAJ UDDIN AHMED S/O- LATE NURUDDIN AHMED R/O- SONDHA UNDER P.O. SONDHA P.S. AND DIST. NALBARI ASSAM PIN- 781337 TUTOR- DAKHIN SONDHA MILLON L.P. SCHOOL EDUCATIONAL BLOCK- PUB-NALBARI ASSAM 10: KALIMUDDIN AHMED S/O- LATE SAMIR ALI R/O- ARIKUCHI (MALOPAR) UNDER P.O. ARIKUCHI P.S. AND DIST. NALBARI ASSAM PIN- 781349 TUTOR- UTTAR KARIA L.P. SCHOOL EDUCATIONAL BLOCK- PUB-NALBARI ASSAM 11: HEMEN SARMA S/O- LATE BHANU NATH SARMA R/O- BARKULHATI UNDER P.O. KALAG P.S. AND DIST. NALBARI PIN- 781851 ASSAM TUTOR- 2 NO. SONKURIHA 1 NO. L.P. SCHOOL EDUCATIONAL BLOCK- PUB-NALBARI ASSAM NOW AMALGAMATED WITH GANGAPUKHURI BARKURIA H S SCHOOL. 12: KUSUM BAISHYA DEKA W/O- RAMANI MOHAN DEKA R/O- JAHA UNDER P.O. PUBKALAKUCHI P.S. MUKALMUA DIST. NALBARI PIN- 781348 ASSAM TUTOR- DEVI SADAGAR L.P. SCHOOL EDUCATIONAL BLOCK-PUB-NALBARI Page No.# 4/7 ASSAM 13: DIPALI DAS W/O- AJIT TALUKDAR R/O- BIHAMPUR UNDER P.O. BIHAMPUR P.S. BELSOR DIST. NALBARI PIN- 781303 ASSAM TUTOR- 545 NO. JAHA L.P. SCHOOL EDUCATIONAL BLOCK- PUB-NALBARI ASSAM 14: DIPA DAS W/O- JADAB CH. DAS R/O- NO. 1 NALBARI JUNIOR BASIC SCHOOL WARD NO. 11 NALBARI TOWN P.O. P.S. AND DIST. NALBARI PIN- 781335 ASSAM TUTOR NO. 1 NALBARI JUNIOR BASIC SCHOOL EDUCATIONAL BLOCK- D.I. OFFICE NALBARI ASSA VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) NALBARI NALBARI DISTRICT PIN- 781335. 4:THE DEPUTY INSPECTOR OF SCHOOLS NALBARI PIN- 781335 ASSAM Page No.# 5/7 5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BARKHETRI AND PUB-NALBARI) OF NALBARI DISTRICT UNDER OFFICE OF THE DISTRICT ELEMENTARY EDUCATION OFFICER NALBARI DISTRICT PIN- 781335 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 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 Page No.# 6/7 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 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 Page No.# 7/7 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 Comparing Assistant