IBRAHIM ALI AND 20 ORS v. THE STATE OF ASSAM AND 4 ORS
WP(C)/7282/2025 · 2025-12-17
Nelson Sailo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 24921 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24921 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC010279802025
2025:GAU-AS:17575
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7282/2025 IBRAHIM ALI AND 20 ORS HEAD TEACHER (TUTOR) OF MADHYA KURIHAMARI L.P. SCHOOL, KURIHAMARI, P.O. BHANGNAMARI, DIST. NALBARI, ASSAM. 2: SHAGAR ALI HEAD TEACHER (TUTOR) OF UTTAR BHANGNAMARI NISLAR PAR L.P. SCHOOL NO. 3 BARBALA P.O. BHANGNAMARI DIST. NALBARI ASSAM. 3: KAMAL UDDIN HEAD TEACHER (TUTOR) KURIHAMARI BHANGNAMARI SIMANTA MUKTAB L.P. SCHOOL KURIHAMARI P.O. BHANGNAMARI DIST. NALBARI ASSAM. 4: SHOHRAB ALI ASSTT. TEACHER (TUTOR) OF KURIHAMARI BHANGNAMARI SIMANTA MUKTAB L.P.. SCHOOOL KURIHAMARI P.O. BHAGNAMARI DIST. NALBARI ASSAM. 5: HAZERA KHATUN ASSTT. TEACHER (TUTOR) OF KANDHBARI PAM L.P. SCHOOL (BASE SCHOOL) NO. 2 KANDBARI L.P. SCHOOL KANDHBARI P.O. KANDHBARI
Page No.# 2/6 DIST. NALBARI ASSAM. 6: HAMIDA KHATUN HEAD TEACHER (TUTOR) OF NO. 1 KURIHAMARI L.P. SCHOOL KURIHAMARI P.O. BHANGNAMARI DIST. NALBARI ASSAM. 7: SHARIFUDDIN AHMED ASSTT. TEACHER (TUTOR) OF NO. 1 KURIHAMARI L.P. SCHOOL KURIHAMARI P.O. BHANGNAMARI DIST. NALBARI ASSAM. 8: KOHINUR BEGUM ASSTT. TEACHER (TUTOR) OF KARNASRI HITESWAR SAIKIA LP. SCHOOL (BASE SCHOOL) S.A. ADARSHA L.P. SCHOOL NO. 1 KAPLABORI P.O. KAPLABORI DIST. NALBARI ASSAM. 9: CHAND MOHAMMAD HEAD TEACHER (TUTOR) 34 NO. BARBALA RAHUL GANDHI L.P. SCHOOL NO. 4 BARBALA P.O. BHANGNAMARI DIST. NALBARI ASSAM. 10: AFZALUR RAHMAN HEAD TEACHER (TUTOR) OF KALDI SOLAR PATHAR L.P. SCHOOL KALDI GAON P.O. BONPURA DIST. NALBARI ASSAM. 11: MD. JONAB ALI ASSTT. TEACHER (TUTOR) OF KALDI SOLAR PATHAR L.P. SCHOOL KALDI GAON P.O .BONPURA DIST. NALBARI ASSAM. 12: ABDUL MAZID KHAN ASSTT. TEACHER (TUTOR) OF B.K. CHAPARI L.P. SCHOOL
Page No.# 3/6 (BASE SCHOOL) BONPURA L.P. SCHOOL BONPURA DIST. NALBARI ASSAM. 13: MD. MIRZAFAR ALI ASSTT. TEACHER (TUTOR) OF UTTAR SUPA BONPURA L.P. SCHOOL (BASE SCHOOL) KALDI L.P. SCHOOL KALDI P.O. BONPURA DIST. NALBRI ASSAM. 14: MD. AZIZUR RAHMAN HEAD TEACHER (TUTOR) OF KACHUA PATHER MILAN L.P. SCHOOL KACHUA PATHAR P.O. KACHUA PATHAR DIST. NALBARI ASSAM. 15: MD MISTER ALI ASSTT. TEACHER (TUTOR) OF KACHUA PATHER MILAN L.P. SCHOOL KACHUA PATHAR P.O. KACHUA PATHAR DIST. NALBARI ASSAM. 16: JAFIL UDDIN HEAD TEACHER (TUTOR) OF NO. 2 KURIHAMARI L.P. SCHOOL KURIHAMARI P.O. BHANGNAMARI DIST. NALBARI ASSAM. 17: ABDUR RAHIM ASSTT. TEACHER (TUTOR) OF NO. 2 KURIHAMARI L.P. SCHOOL KURIHAMARI P.O. BHANGNAMARI DIST. NALBARI ASSAM. 18: INNAS ALI HEAD TEACHER (TUTOR) OF KURIHAMARI MAHATMA GANDHI L.P. SCHOOL KURIHAMARI P.O. BHANGNAMARI DIST. NALBARI ASSAM. Page No.# 4/6 19: MD.
MATLEB ALI HEAD TEACHER (TUTOR) OF KASUA PATHAR L.P. SCHOOL GHARUABAHA PATHAR P.O. NARUA DIST. NALBARI ASSAM. 20: FAKHAR UDDIN AHMED ASSTT. TEACHER (TUTOR) OF KASUA PAHAR L.P. SCHOOL GHARUABAHA PATHAR P.O. NARUA DIST. NALBARI ASSAM. 21: RAKIBUL AMIN ASSTT. TEACHER (TUTOR) OF UTTAR BHANGNAMARI NISLAR PAR L.P.
SCHOOL NO. 3 BARBALA P.O. BHANGNAMARI DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT.. OF SCHOOL EDUCATION, DISPUR, GUWAHATI 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DEPUTY COMMISSIONER NALBARI DIST. NALBARI ASSAM. 4:THE DIST. ELEMENTARY EDUCATION OFFICER NALBARI DIST. NALBARI ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BARKHETRI EDUCATIONAL BLOCK P.O. MUKALMUA DIST. NALBARI ASSAM
Page No.# 5/6 Advocate for the Petitioner : MR S HOQUE, SANOWARA KHATUN Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER Date : 18.12.2025
Heard Mr. S. Hoque, learned counsel for the petitioners and Mr. B. Talukdar, learned Standing Counsel, Elementary Education Department. [2.] Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this stage itself. [3.] It is the case of the petitioners that they are working as Assistant Teachers (Tutors) and Head Teachers (Tutors) in their respective L.P. Schools in the district of Nalbari. Their respective posts were provincialised under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. The grievances projected by them is that although they are performing the same duties like any other regular teachers, they are only getting fixed pay and not regular scale of pay. [4.] The learned counsel submits that the case of the petitioners is squarely covered by a Division Bench Judgment of this Court in Mohor Ali Sheikh & Ors. Vs. State of Assam & Ors., 2024 5 GLT 689. He, therefore, submits that a similar direction may be passed directing the respondent authorities to consider the grant pay scale to the petitioners. [5.] Mr. B. Talukdar, learned Standing Counsel, Elementary Education
Page No.# 6/6 Department, submits that he has an agreement with the submissions made by the learned counsel for the petitioners but as the petitioners have submitted a joint representation, it would be not possible on the part of the respondent authorities to club all the matters together for consideration. Therefore, the petitioners may be directed to file separate representations individually. [6.] Considering the above submissions made and upon perusal of the materials available on record, including the Judgment rendered by the Division Bench as referred to herein above, the present case appears to be a covered case. Accordingly, the writ petition stands disposed of by directing the petitioners to submit their respective individual representations before the Secretary to the Government of Assam, Department of School Education (respondent No. 1), within a period of two (2) weeks from today. All the petitioners will not be required to submit a copy of the writ petition and that only the petitioner No. 1 may submit a copy of the writ petition with annexures before the respondent No. 1 for consideration.
The respondent No. 1, upon receipt of the representations from the petitioners, shall consider and dispose of the same within a period of three (3) months from the date of receipt of the representations from the petitioners. [7.] With the above observations and directions, the writ petition stands
disposed of. JUDGE Comparing Assistant