Page No.# 1/15 GAHC010275222025 2025:GAU-AS:17230 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7140/2025 DINESH DOLEY AND OTHRS S/O- LATE UKUMSING DOLEY, R/O- RUWAD, JONAI, DIST- DHEMAJI, ASSAM, PIN- 787060, GRADE- IV,JONAI GIRLS SR. SECONDARY SCHOOL, DHEMAJI. 2: BICHITRA DOLEY S/O- BHABA DOLEY R/O- LAKHI NEPALI BOSTI JONAI DIST- DHEMAJI ASSAM PIN- 787060 LIB. ASSTT JONAI GIRLS SR. SECONDARY SCHOOL DHEMAJI. 3: MEERA MILI D/O- LATE DEBEN MILI R/O- RIGBI JONAI DIST- DHEMAJI ASSAM PIN- 787060SR. ASSTT JONAI GIRLS SR. SECONDARY SCHOOL DHEMAJI. 4: SWARNALATA DOLEY D/O- LATE MOHAN DOLEY R/O- JONAI BAZAAR DIST- DHEMAJI ASSAM PIN- 787060 GRADE- IV JONAI GIRLS SR. SECONDARY SCHOOL DHEMAJI. Page No.# 2/15 5: MONI KUMAR DOLEY S/O- DASIRAM DOLEY R/O- SIGA MISSING JONAI DIST- DHEMAJI ASSAM PIN- 787060 GRADE- IV JONAI GIRLS SR. SECONDARY SCHOOL DHEMAJI 6: LECHAN BORGOHAIN S/O- LATE AJEN BORGOHAIN R/O- MAJKHOWA DIST- DHEMAJI ASSAM PIN- 787061 GRADE- IV SIMEN CHAPARI SR. SECONDARY SCHOOL DHEMAJI. 7: BEULA DAS D/O- LATE TUKHESWAR DAS R/O- SIMEN CHAPORI DIST- DHEMAJI ASSAM PIN- 787061 GRADE- IV SIMEN CHAPARI SR. SECONDARY SCHOOL DHEMAJI. 8: NIRANJAN CHAROH S/O- GABARNA CHARAH R/O- ROUND DIST- DHEMAJI ASSAM PIN- 787061 GRADE- IV SIMEN CHAPARI SR. SECONDARY SCHOOL DHEMAJI. 9: BHARAT PEGU S/O- BINUWA PEGU R/O- SIGA DHOGHORIYA DIST- DEMAJI ASSAM Page No.# 3/15 PIN- 787060 GRADE- IV SURYODAY HIGH SCHOOL DHEMAJI 10: DEBANANDA DOLEY S/O- HARI KANTA DOLEY R/O- SIGA RUWAD DIST- DHEMAJI ASSAM PIN- 787060 JR. ASSTT SURYODAY HIGH SCHOOL DHEMAJI. 11: PREMADHAR DEORI S/O- GOYASING DEORI R/O- LUHIJAN DIST- DHEMAJI ASSAM PIN- 787060 GRADE- IV RUKMINI ALI HIGH SCHOOL DHEMAJI. 12: ANIL DEORI S/O- JAMUNALAL DEORI R/O- LUHIJAN DIST- DHEMAJI ASSAM PIN- 787060 JR. ASSTT RUKMINI ALI HIGH SCHOOL DHEMAJI. 13: MINARAM KUMBANG S/O- KARPUNG KUMBANG R/O- ARIMORA DIST- DHEMAJI ASSAM PIN- 787060 GRADE- IV AMRITPUR MIGANG HIGH SCHOOL DHEMAJI. 14: POWAL SONOWAL Page No.# 4/15 S/O- CHENIRAM SONOWAL R/O- UDAIPUR DIST- DHEMAJI ASSAM PIN- 787061 GRADE- IV PACHIM JONAI SR. SECONDARY SCHOOL DHEMAJI. 15: RAMANANDA PEGU S/O- ROBIRAM PEGU R/O- PEMCHAM DEKAPAM DIST- DHEMAJI ASSAM PIN- 787061 GRADE- IV PACHIM JONAI SR. SECONDARY SCHOOL DHEMAJI. 16: DHAN BAHADUR BISWAKARMA S/O- LAXMAN BISWAKARMA R/O- DEKA MISSING DIST- DHEMAJI ASSAM PIN- 787061 GRADE- IV PACHIM JONAI SR. SECONDARY SCHOOL DHEMAJI. 17: JATIN BASUMATARY S/O- BAMUN BASUMATARY R/O- UKHAMATI DIST- DHEMAJI ASSAM PIN- 787056 LIB. ASSTT MINGMANG SR. SECONDARY SCHOOL DHEMAJI. 18: BIJOY SAIKIA S/O- DHARMESWAR SAIKIA R/O- THAISUPAR DIST- HOJAI ASSAM PIN- 782446 SR. ASSTT BISHNU RABHA SR. SECONDARY SCHOOL NAGAON. Page No.# 5/15 19: BULAN CH HAZARIKA S/O- LATE PURNADHAR HAZARIKA R/O- THAISUPER DIST- HOJAI ASSAM PIN- 782446 JR. ASSTT BISHNU RABHA SR. SECONDARY SCHOOL NAGAON. 20: MITUL SAIKIA S/O- MUHIRAM SAIKIA R/O- KAKI RAMPUR DIST- HOJAI ASSAM PIN- 782446 LIB. ASSTT BISHNU RABHA SR. SECONDARY SCHOOL NAGAON. 21: ARUN CH SAIKIA S/O- GUPI RAM SAIKIA R/O- KAKI BISHNUPUR DIST- HOJAI ASSAM PIN- 782446 GRADE- IV BISHNU RABHA SR. SECONDARY SCHOOL NAGAON. 22: SUMESWAR SAIKIA S/O- DULAL SAIKIA R/O- KAKI RAMPUR DIST- HOJAI ASSAM PIN- 782446 GRADE- IV BISHNU RABHA SR. SECONDARY SCHOOL NAGAON. 23: DIBYA JYOTI BORA S/O- RAMNATH BORA R/O- KAKI NARAYANPUR DIST- HOJAI ASSAM Page No.# 6/15 PIN- 782446 GRADE- IV BISHNU RABHA SR. SECONDARY SCHOOL NAGAON. 24: BHUBAN KUMAR PAUL S/O- BHANU RANJAN PAUL R/O- DERAPATHAR DIST- HOJAI ASSAM PIN- 782446 JR. ASSTT DERAPATHAR HIGH SCHOOL NAGAON 25: LAGUNI DALU W/O- SWAPAN DALU R/O- DERAPATHAR DIST HOJAI ASSAM PIN- 782446 GRADE- IV DERAPATHAR HIGH SCHOOL NAGAON. 26: BHUPEN CH BORAH S/O- DAMBARUDHAR BORAH R/O- BORDOLOI PATHAR DIST- HOJAI ASSAM PIN- 782446 SR. ASSTT UDALI SR. SECONDARY SCHOOL BAMUNGAON NAGAON. 27: HABIJUL ISLAM S/O- KADAM ALI R/O- LANKAJAN DIST- HOJAI ASSAM PIN- 782446 GRADE- IV UDALI SR. SECONDARY SCHOOL BAMUNGAON NAGAON. 28: LITTON BHOWMIK S/O- LATE PIRAN CH BHOWMIK Page No.# 7/15 R/O- TINIALI BAZAAR DIST- HOJAI ASSAM PIN- 782446 GRADE- IV UDALI SR. SECONDARY SCHOOL BAMUNGAON NAGAON. 29: ALI AHMED LASKAR S/O- LATE AMIR UDDIN LASKAR R/O- SING GAON DIST- HOJAI ASSAM PIN- 782446 SR. ASSTT UDALI SR. SECONDARY SCHOOL UDALI BAZAR NAGAON. 30: AINUL HOQUE S/O- LATE SAKAT ALI R/O- BORJARUNI DIST- HOJAI ASSAM PIN- 782446 GRADE- IV UDALI SR. SECONDARY SCHOOL UDALI BAZAR NAGAON. 31: JAMAL UDDIN S/O- SAJJAD ALI R/O- BORJAHA GAON DIST- HOJAI ASSAM PIN- 782446 GRADE- IV UDALI SR. SECONDARY SCHOOL UDALI BAZAR NAGAON. 32: MOSTUFA AHMED S/O- IBRAHIM ALI R/O- LACHIT PATHAR DIST- HOJAI ASSAM PIN- 782446 GRADE- IV LACHITPATHAR HIGH SCHOOL NAGAON Page No.# 8/15 33: RANA DAS S/O- KANU DAS R/O- KALAPAHAR TOIL DIST- KAMRUP M ASSAM PIN- 781018 JR. ASSTT NETAJI SUBHAS VIDYAPITH KAMRUP M. 34: BADAL SARKAR S/O- RADHANATH SARKAR R/O- GANESHPARA DIST- KAMRUP M ASSAM PIN- 781025 GRADE- IV NETAJI SUBHAS VIDYAPITH KAMRUP M. 35: PRADIP PEGU S/O- KABARAK PEGU R/O- MINGMANG DIST- DHEMAJI ASSAM PIN- 787035 GRADE- IV MINGMANG SR. SECONDARY SCHOOL DHEMAJI. 36: YAM BR KHULAL CHETRY S/O- GUNJA BR KHULAL CHETRY R/O- KALIPUR DIST- TAMULPUR PIN- 781360 JR. ASSTT PUB KUMARIKATA HIGH SCHOOL TAMULPUR. 37: DANNA BHUJEL S/O- RABILAL BHUJEL R/O- KALIPUR DIST- TAMULPUR PIN- 781360 Page No.# 9/15 GRADE- IV PUB KUMARIKATA HIGH SCHOOL TAMULPUR. 38: SANJIB DAS S/O- BHUPEN DAS R/O- HAZARA GAON DIST- TAMULPUR ASSAM PIN- 781360 JR. ASSTT BHANGBARI HIGH SCHOOL TAMULPUR. 39: BANJIT HEMBROM S/O- SUNIL HEMBROM R/O- HAZARA GAON DIST- TAMULPUR ASSAM PIN- 781360 GRADE- IV BHANGBARI HIGH SCHOOL TAMULPUR. 40: JADAV CH BARO S/O- DURGADHAR KACHARI R/O- CHENIALPARA DIST- UDALGURI ASSAM PIN- 784522 JR. ASSTT ALONGBAR HIGH SCHOOL UDALGURI. 41: ABDUR RAHIM S/O- PANSER ALI R/O- BONMAJA GAON DIST- BAKSA ASSAM PIN- 781315 JR. ASSTT BONMAJA JANAPRIYA HIGH SCHOOL BAKSA. 42: INTAJ ALI S/O- MAJAM ALI Page No.# 10/15 R/O- NAGAR JHAR DIST- BARPETA ASSAM PIN- 781316 GRADE- IV JALALUDDIN MEMORIAL HIGH SCHOOL BARPETA. 43: MAHIR UDDIN S/O- HUSSAIN ALI R/O- ITARVITA DIST- BARPETA ASAM PIN- 781316 GRADE-IV MILAN JYOTI SR.SECONDARY SCHOOL BARPETA. 44: RAFIQUL SIKDAR S/O- SHUKUR MAMUD SIKDAR R/O- ITARVITA DIST- BARPETA ASAM PIN- 781316 GRADE-IV MILAN JYOTI SR.SECONDARY SCHOOL BARPETA. 45: ABDUS SABUR S/O- SAMSUL HOQUE R/O- KHANDAR PARA DIST- BARPETA ASAM PIN- 781316 GRADE-IV HATIZANA KHANDAKARPARA SR.SECONDARY SCHOOL BARPETA. 46: NAMAL KR MUSHAHARY S/O- MAHIKANTA MUSHAHARY R/O- JAMBUGURI DIST- KOKRAJHAR ASSAM PIN- 783360 JR. ASSTT JAMBUGURU HIGH SCHOOL Page No.# 11/15 KOKRAJHAR. 47: BARENDRA HAJOWARY S/O- TARANI HAJOWARY R/O- JAMBUGURI DIST- KOKRAJHAR ASSAM PIN- 783360 GRADE IV JAMBUGURU HIGH SCHOOL KOKRAJHA VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI, ASSAM PIN-781006. 2:THE SECRETARY FINANCE DEPARTMENT TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI ASSAM PIN-781006. 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN-781019. 4:THE DIRECTOR OF EDUCATION BOROLAND TERRITORIAL REGION BTR KOKRAJHAR ASSAM PIN 783370 Advocate for the Petitioner : MS N CHATTERJEE, MR. M DUTTA,HAZARAT MIRZA ALI Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,SC, BTC Page No.# 12/15 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 12.12.2025 Heard Mr. M. Dutta, learned counsel for the petitioners; Mr. B. Kaushik, learned standing counsel for the Secondary Education Department, respondent Nos. 1 & 3; and Mr. B. Gogoi, learned standing counsel for the Finance Department, respondent No. 2. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities to provide them regular scale of pay along with all other financial and service benefits as granted/would be to those similarly and equally placed employees of Venture Educational Institutions, whose services were provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (the Act of 2011 hereinafter) and the Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions Act, 2018 (the Act of 2018 hereinafter) and also in terms of the direction issued by a Division Bench of this Court in Abdul Motaleb and Others vs. The State of Assam and Others, in W.P.(C) No. 3239/2023. 3. Mr. Dutta, learned counsel for the petitioners submits that the petitioners are serving as Senior Assistant, Junior Assistant, Library Assistant and Grade-IV employees in various High Schools, Higher Secondary Schools and Senior Secondary Schools and their names were recommended for provincialisation under the Act of 2011 and as such, the services of many incumbents were provincialised in a phase manner. But, the services of the present petitioners were not provincialised under the Act of 2011 and in the meantime, this Court Page No.# 13/15 had struck down the Act of 2011. Thereafter, the Government, in compliance with the direction of this Court, had introduced the Assam Education (Provincialisation of Services of Teachers and Re- Organization of Education Institutions) Act, 2017. But, there was no whisper about the non-teaching staff and therefore, the Government had amended the said Act in 2018 and accordingly, the services of the present petitioners were provincialised. 3.1. Further submission of Mr. Dutta is that in the Act of 2018, the non- teaching staffs were provided with fixed pay, which was challenged in a few writ petitions and a Division Bench of this Court, in the case of Abdul Motaleb (Supra), had interfered with the said provisions and held that the principles for payment of regular scale to tutors as held in the case of Mohor Ali Sheikh and Others vs. The State of Assam and Others, reported in 2024 5 GLT 689, shall also be applicable to the non-teaching staffs and as such, being similarly situated, the present petitioners are also entitled to similar benefits. 4. Per-contra, Mr. Kaushik, learned standing counsel for the Secondary Education Department, submits that it is well settled proposition of law that when a relief is granted to some persons, the other similarly situated persons are also entitled to the same. However, in the instant case, the present petitioners have not filed any representation before the respondent authorities for consideration of their prayer. 4.1. Further submission of Mr. Kaushik is that this writ petition may be disposed of by directing the respondent authorities to consider the case of the petitioner in the light of the decision of this Court in the case of Abdul Motaleb (Supra). 5. Having heard the submissions of learned counsel for both the parties, I Page No.# 14/15 have carefully gone through the petition as well as the documents placed on record and also gone through the decision of Abdul Motaleb (Supra). 6. It appears that in the aforementioned decision, a Division Bench of this Court, in paragraph No. 16, has observed as under:- “16. Accordingly, the present batch of writ petitions stands allowed by holding that the non-teaching staff would be entitled to equal treatment under the law as is extended to other government employees by virtue of their acquired status as employees of the State of Assam and since the other employees are enjoying the benefits of regular scale of pay, they should be paid a just scale of pay. However, what should be a just scale of pay is neither a question raised before this Court, nor we are inclined to enter into the said aspect of the matter in these writ petitions. Ordered accordingly.” 7. It is not in dispute that the services of the present petitioners were provincialised under the Act of 2018 and Section 6(2) of the said Act indicates as under:- “6(2) The non-teaching staff whose services have been provincialised under this Act shall get fixed pay as specified in the Schedule with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. However their fixed salary shall not be less than the minimum wages fixed by the Government from time to time under the provisions of Page No.# 15/15 the Minimum Wages Act, 1948.” 8. It is to be noted here that in the case of Abdul Motaleb (Supra), the Division Bench has granted the benefit of just scale of pay to the petitioners of the said writ petition and it is not in dispute that the present petitioners are also similarly situated with the petitioners therein. 9. In that view of the matter, this Court is inclined to dispose of this petition by directing the petitioners herein to file a representation before the respondent authorities by enclosing the present writ petition along with all the relevant documents and also the decision of the Division Bench in the case of Abdul Motaleb (Supra), within a period of 1 (one) week from today. 10. On such representation being filed by the present petitioners, the respondent authorities shall examine and consider the same in the light of the decision of the Division Bench in the case of Abdul Motaleb (Supra), especially the paragraph No. 16 of the said decision and if the respondent authorities are satisfied that the present petitioners are similarly situated with the petitioners of W.P.(C) No. 3239/2023 (Abdul Motaleb and Others), then they shall also be extended the same benefits of scale of pay as granted in the said case. 11. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant