Page No.# 1/4 GAHC010286262023 2025:GAU-AS:2427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7340/2023 JAKIR HUSSAIN LASKAR AND 9 ORS. S/O LATE HAJI ABDUL LATIF LASKAR, VILL. AND P.O.- APIN, DIST.- HAILAKANDI, ASSAM. 2: L. THAMBAL SENA SINGHA S/O LT. BABDHAN SINGHA VILL. AND P.O.- RAJYESWARPUR DIST.- HAILAKANDI ASSAM. 3: HAFIZUR RAHMAN LASKAR @ HIFZUR RAHMAN LASKAR S/O REZWAN ALI LASKAR VILL. AND P.O.- SORBANANDAPUR DIST.- HAILAKANDI ASSAM. 4: ANWAR HUSSAIN LASKAR S/O MUSADDAR ALI LASKAR VILL. AND P.O.- APIN P.O.- LALA DIST.- HAILAKANDI ASSAM. 5: LUTHFUR RAHMAN LASKAR S/O SIRAJ UDDIN LASKAR VILL. AND P.O.- MOHANPUR DIST.- HAILAKANDI ASSAM. 6: TH. LUREN SINGHA Page No.# 2/4 S/O SRI ATAMBA SINGHA VILL.- LAISRIMUKH P.O.- AJYESWARPUR DIST.- HAILAKANDI ASSAM. 7: GHAMON LAL SAHU S/O SANIA PRASHAD SAHU VILL.- KALACHERA BAZAR P.O.- JAPIRBOND DIST.- HAILAKANDI ASSAM. 8: NURJAHAN BEGUM LASKAR W/O LATE NURUL ISLAM MAZUMDAR VILL.- KANCHANPUR PART- II P.O.- KANCHANPUR PART- II DIST.- HAILAKANDI ASSAM. 9: SIDDIQUR RAHMAN CHOUDHURY S/O HASAN RAJA CHOUDHURY VILL.- 10: JOYDUL HAQUE BARBHUIYA S/O LT. SANUHAR ALI BARBHUIYA VILL.- KANCHANPUR PART- I P.O.- RATAKANDI DIST.- HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI- 6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI- 6. Page No.# 3/4 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DIST.- HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MR. N HAQUE, MR. A K AZAD,MR M HUSSAIN Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 07.03.2025 1. Heard Mr. N Haque, learned counsel for the petitioners. Also Mr. A Phukan, learned standing counsel for the Finance Department appearing for the respondent Nos. 1,3 and 4 and Ms. R M Baruah, learned counsel appearing for the respondent No. 2. 2. The petitioners though were appointed during the period of 1991 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 Page No.# 4/4 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. Haque 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 regularisation is not under challenged inasmuch as negative equality cannot be ground for issuance of writ of mandamus. 5. Accordingly, the writ petition stands dismissed. JUDGE Comparing Assistant