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2025 DAILYLAW 26047 (GAU)

TAPASH PAUL v. THE STATE OF ASSAM AND OTHRS

WP(C)/6507/2025 · 2025-11-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/7 GAHC010241282025 2025:GAU-AS:15922 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6507/2025 TAPASH PAUL S/O. GIRIDHARI PAUL,R/O. VILLAGE AND P.O. KATLICHEERA DISTRICT HAILAKANDI, ASSAM.PIN CODE 788161SENIOR ASSISTANT OF S. K. ROYSENIOR SECONDARY SCHOOL 2: SUBRATA KAR S/O. SUBHASH CH KAR R/O. VILLAGE ALEXANDERPUR P.O. KATLICHERRA DISTRICT HAILAKANDI ASSAM PIN CODE 788161LIBRARY ASSISTANT OF S. K. ROYSENIOR SECONDARY SCHOOL 3: SEEMA BANIK (MODAK) D/O. GOPENDRA LAL MODAK R/O. VILLAGE AND P.O.KATLICHERRA DISTRICTHAILAKANDI ASSAM PIN 788161GRADE - IV EMPLOYEE OF S.K.ROY SENIOR SECONDARY SCHOOL 4: RATNO SUTRADHAR S/0. LATE RAKESH SUTRADHAR R/O. VILLAGE ALEXANDERPUR KATLICHERRA DISTRICT HAILAKANDI ASSAM PIN CODE 788161 JUNIOR ASSISTANT OF S.K. ROYSENIOR SECONDARY SCHOOL. 5: RAJU REE S/O. MANIK REE R/O. VILLAGE RANGABAK PT - 1 .- KATLICHERRA DISTRICT HAILAKANDI Page No.# 2/7 ASSAM PIN CODE 788161GRADE IV EMPLOYEE OF S.K.ROY SENIOR SECONDARY SCHOO 6: JANMOJOY CHASA S/O. MODHAN CHASA R/O. VILLAGE AND P.O.IRONGRAMA DISTRICT CACHAR ASSAM PIN CODE 788011GRADE - IV EMPLOYEE OF S.K.ROY SENIOR SECONDARY SCHOOL 7: NILKAMAL KAIRI S/O. BABU LAL KAIRI R/O. VILLAGE AND P.O.IRONGRAMA DISTRICT CACHAR ASSAM PIN CODE 788011JUNIOR ASSISTANT OF IRONGMARA HIGH SCHOOL 8: MOLOY KANTI ROY S/O. MATINDRA ROYR/O. VILLAGE DHOLAI PART - I . DHOLAI SOUTH DISTRICTHAILAKANDI ASSAM PIN CODE 788161JUNIOR ASSISTANT OF DHOLAIMOLAI HIGH SCHOOL 9: SAHAB UDDIN LASKAR S/O. NUR UDDIN LASKAR VILLAGE DHOLAI PART - I . DHOLAI SOUTH DISTRICT HAILAKANDI ASSAM PIN CODE 788161GRADE - IV EMPLOYEE OF DHOLAIMOLAI HIGH SCHOOL 10: MUKOBBIR AHMED S/O. ABDUL KARIM R/O. VILLAGE NIZ KATIGORAHPART - III P.O. KATIGORAH DISTRICT CACHAR ASSAM PIN CODE 788805 GRADE - IV EMPLOYEE OFKATIGORAH SENIOR SECONDARYSCHOOL 11: BILAL AHMED S/O. ABDUL NOOR R/O. VILLAGE - NIZ KATIGORAHPART - III P.O. KATIGORAH DISTRICT CACHAR Page No.# 3/7 ASSAM PIN CODE 788805LIBRARY ASSISTANT OFKATIGORAH SENIOR SECONDARYSCHOOL. 12: LUTHFA BEGAM S/O. ABDUL GOFUR R/O. VILLAGE JAGADISHPUR PART - V 1. JAGADISHPUR PART - IV DISTRICT CACHAR ASSAM PIN CODE 788805JUNIOR ASSISTANT OF KATIGORAHSENIOR SECONDARY SCHOOL 13: ISLAM UDDIN S/O. ABDUL JABBAR R/O. VILLAGE NIZ KATIGORAHPART III P.O. KATIGORAH DISTRICTCACHAR ASSAM PIN CODE 788805GRADE -- IV EMPLOYEE OFKATIGORAH SENIOR SECONDARYSCHOOL 14: FAKRUL ISLAM S/O. MURSIZ ALI R/O VILLAGE JAGADISHPUR PT. V I . JAGADISHPUR PT. IV DISTRICT CACHAR ASSAM PIN CODE 788805GRADE - IV EMPLOYEE OFKATIGORAH SENIOR SECONDARYSCHOOL 15: KALIM SIDDIQUE CHOUDHURY S/O. JALAL AHMED CHOUDHURY R/O. VILLAGE BANGRAM . BHAGA BAZAR DISTRICT CACHAR ASSAM PIN CODE 788120LIBRARY ASSISTANT OF M. A.LASKAR SENIOR SECONDARYSCHOOL 16: TUSHINA AKTAR BARBHUIYA D/O. NURUL HAQUE BARBHUIYA R/O. VILLAGE BANGRAM P.O.. BHAGA BAZAR DISTRICT CACHAR ASSAM PIN CODE 788120 JUNIOR ASSISTANT OF M. A.LASKAR SENIOR SECONDARYSCHOOL. Page No.# 4/7 17: SWAPNA MAZUMDER D/O. BURHAN UDDIN MAZUMDER1 1. VILLAGE AND P.O. KANAKPURPART - II DISTRICT CACHAR ASSAM PIN CODE 788005GRADE -- IV EMPLOYEE OF M. A.LASKAR SENIOR SECONDARYSCHOOL. 18: TAMU UDDIN LASKAR S/O. SAYAR ALI LASKAR R/O. VILLAGE HAWAITHANG . LAILAPUR DISTRICT CACHAR ASSAM PIN CODE 788120SENIOR ASSISTANT OF M. ALASKAR SENIOR SECONDARYSCHOOL. 19: ABDUL KASHIM CHOUDHURY II. LATE ABDUL RASHIDCHOUDHURY . VILLAGE LALPANI PT. I 1JIRIGHAT DISTRICTCACHAR ASSAM PIN - 788104GRADE - IV EMPLOYEE OF HAJINURUDDIN CHOUDHURY PUBLICHIGH SCHOOL 20: MARZINA BEGUM CHOUDHURY D/O. LATE ABDUL WAHABCHOUDHURY R/O. VILLAGE LALPANI PT. I . JIRIGHAT DISTRICT CACHAR ASSAM PIN CODE 788104JUNIOR ASSISTANT OF HAJINURUDDIN CHOUDHURY PUBLICHIGH SCHOOL. 21: NAZRUL ISLAM S/O. SIRAJ UDDIN R/O. VILLAGE BARAITOLI PART - I KALAIN DISTRICT CACHAR ASSAM PIN CODE 788815JUNIOR ASSISTANT OF HAJINURUDDIN CHOUDHURY PUBLICHIGH SCHOOL 22: SUFIAN AHMED BARBHUIYA . ISMAIL ALI BARBHUIYA . VILLAGE NATANPUR Page No.# 5/7 . KALAIN DISTRICT CACHAR ASSAM PIN - 788815.JUNIOR ASSISTANT OF HAJINURUDDIN CHOUDHURY PUBLICHIGH SCHOOL VERSUS THE STATE OF ASSAM AND OTHRS THROUGH THE SECRETARY, TOTHE GOVERNMENT OF ASSAM,SCHOOL EDUCATION,DEPARTMENT, DISPUR,GUWAHATI - 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI - 781006 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAMKAHILIPARA GUWAHATI - 78101 Advocate for the Petitioner : MS. J GHOSH, MR. JUNM LASKAR Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 6/7 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 24.11.2025 Heard Mr. R. Mazumdar, learned counsel for the petitioners and Mr. S. M. T. Chistie, learned Standing Counsel for the Secondary Education Department. [2.] By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to grant them the regular scale of pay as extended to similar other situated persons. It is the case of the petitioners that the Schools, where they were working, have already been provincialised and likewise their services have been provincialised as well. However, despite the same, their getting only a fixed pay as on today. In other words, the scale of pay has been denied to them. The learned counsel submits that in fact the case of the petitioners is squarely covered by the earlier decision of the Division Bench of this Court in Mohor Ali Sheikh & Ors. Vs. State of Assam & Ors., 2024 5 GLT 689 and also the subsequent order passed by the Division Bench in WP(C) No. 3239 of 2023 (as the lead case), vide Common Order dated 05.08.2025. [3.] Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, submits that although the petitioners’ claim that the case is covered but they have also challenged Section 6(2) of the Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018. [4.] In reply, the learned counsel for the petitioners submits that the petitioners do not press for the said prayer which is made in Paragraph Nos. (i) & (ii) of the prayer made in the writ petition. Page No.# 7/7 [5.] Considering the above submissions made and upon perusal of the materials available on record and more particularly the Order dated 05.08.2025 passed by the Division Bench of this Court in Abdul Motaleb & 147 Ors. Vs. State of Assam & Ors., (Annexure – 5), the writ petition is disposed of by directing the respondent authorities concerned to determine the pay scale that may be payable to the petitioners in terms of the directions already given in the referred case as expeditiously as possible and preferably within a period of eight (8) weeks from the date of receipt of a certified copy of this Court’s Order. [6.] In doing so, the respondent authorities would be at liberty to make necessary verification as may be required. JUDGE Comparing Assistant