Page No.# 1/17 GAHC010265342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6816/2025 KHANINDRA NATH AND 61 ORS S/O- NILESH NATH, R/O- MALIGAON, BOITAMARI, DIST- BONGAIGAON, ASSAM, PIN- 783389. LIB ASSTT OF INDIRA GANDHI COLLEGE, BOITAMARI, BONGAIGAON. 2: LAKHESWAR NATH S/O- DEBENDRA CH NATH R/O- BASHBARI PT-II DIST- BONGAIGAON ASSAM PIN- 783380. SR. ASSTT OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 3: RUNUMI DEVI D/O- PRAFULLA KUMAR NATH R/O-MALIGAON BOITAMARI DIST- BONGAIGAON ASSAM PIN- 783389. SR. ASTT OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 4: SANKAR DEVNATH S/O- RAJA KT. NATH R/O- MALIGAON DIST- BONGAIGAON ASSAM PIN- 783389. JR. ASSTT OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 5: RATNESWAR RAY Page No.# 2/17 S/O- KAMESWAR RAY R/O- RAGHUNANDANPUR PT- II DIST- BONGAIGAON ASSAM PIN- 783389. GRADE- IV EMPLOYEE OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 6: LOHIT CH RAY S/O- RAMESWAR RAY R/O- MOLIGAON DIST- BONGAIGAON ASSAM PIN- 783389. GRADE- IV EMPLOYEE OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 7: BIMAL KUMAR DAS S/O- PRASANNA KUMAR DAS R/O- MOLIGAON DIST- BONGAIGAON ASSAM PIN- 783389. GRADE- IV EMPLOYEE OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON 8: GITA RANI RAY C/O- MAHENDRA RAY R/O- MOLIGAON DIST- BONGAIGAON ASSAM PIN- 783389. GRADE- IV EMPLOYEE OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 9: SYED MOHAMMAD ALI CHAKDER S/O- ABDUL AZIZ CHAKDER R/O- BONGHUGI DIST- BARPETA ASSAM PIN- 781321. GRADE- IV EMPLOYEE OF INDIRA GANDHI COLLEGE BOITAMARI BONGAIGAON. 10: NABA KANTA DEKA S/O- DOVA RAM DEKA R/O- BALISIHA ORANG Page No.# 3/17 DIST- UDALGURI ASSAM PIN- 784114. SR. ASSTT OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 11: ELIAS BASUMATARY S/O- BASANTA BASUMATARY R/O- PAKARIBARI ORANG DIST- UDALGURI ASSAM PIN- 784114. JR. ASSTT OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 12: BINOY MOCHAHARY S/O- SOMKHA MOCHAHARY R/O- JAMUGURI DIST- UDALGURI ASSAM PIN- 784114. LIB. ASSTT OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 13: CHANDRA KANTA SARMA S/O- DURGESWAR SARMA R/O- SONAJULI ORANG DIST- UDALGURI ASSAM PIN- 784114. GRADE- IV EMPLOYEE OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 14: AJIT BAISHYA S/O- RAJANI BAISHYA R/O- GELABIL ORANG DIST- UDALGURI ASSAM PIN- 784114. GRADE- IV EMPLOYEE OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 15: MWNSAI BASUMATARI S/O- INA BASUMATARI R/O- DHUPGURI ORANG Page No.# 4/17 DIST- UDALGURI ASSAM PIN- 784114. GRADE- IV EMPLOYEE OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 16: PRAFULLA RABHA S/O- BHADRESWAR RABHA R/O- CHAMUAGAON ORANG DIST- UDALGURI ASSAM PIN- 784114. GRADE- IV EMPLOYEE OF KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG. 17: PROSEN GOGOI S/O- KHAGEN GOGOI R/O- BAMGAON SILAPATHAR DIST- DHEMAJI ASSAM PIN- 787059. SR. ASSTT OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 18: PRONOB JYOTI CHUNGKRANG S/O- PRAHLAD CHUNGKRANG R/O- JUNAKI NAGAR SILAPATHAR DIST- DHEMAJI ASSAM PIN- 787059. SR. ASTT OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 19: NAVANITA CHUTIA D/O- BHABA CHUTIA R/O- LACHIT NAGAR SILAPATHAR DIST- DHEMAJI ASSAM PIN- 787059. JR. ASSTT OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 20: RAJIV SHARMA S/O- JADAV SHARMA Page No.# 5/17 R/O- SOCIETY SILAPATHAR DIST- DHEMAJI ASSAM PIN- 787059. JR. ASSTT OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 21: HIMASHREE GOGOI D/O- DHIREN GOGOI R/O- JALAKIASUTI SILAPATHAR DIST- DHEMAJI ASSAM PIN- 787059. ASSTT LIB. OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 22: TRISHNA BHUYAN D/O- HEMENDRA BHUYAN R/O- JYOTINAGAR SILAPATHAR DIST- DHEMAJI ASSAM PIN- 787059. LAB. ASSTT OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 23: BULBULI HAZARIKA D/O- DIBAKAR HAZARIKA R/O- AMRITPUR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. LAB BEARER OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 24: PRONITA MILI D/O- BODIA MILI R/O- NATUN MISING GAON SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. LAB. ASSTT OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. Page No.# 6/17 25: MONU BASUMATARY S/O-BHABEN BASUMATARY R/O- BORMURIA SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. GRADE- IV EMPLOYEE OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 26: AJIT BORUAH S/O- BUDHESWAR SONOWAL R/O- AMRITPUR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. GRADE- IV EMPLOYEE OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 27: ATUL SONOWAL S/O- CHAYA RAM SONOWAL R/O- AMRITPUR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. GRADE- IV EMPLOYEE OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 28: RAJMONI BHUYAN S/O- GUNA BHUYAN R/O- SISSIBORGAON SILAPATHAR DIST- DHEMAJI ASSAM PIN-787110. LAB. BEARER OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 29: SURAJIT KHANIKAR S/O- BOGAMAL CHUTIA R/O- LACHIT NAGAR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. LAB. BEARER OF SILAPATHAR SCIENCE COLLEGE AMRITPUR Page No.# 7/17 DHEMAJI. 30: ARUN SONOWAL S/O- MITHARAM SONOWAL R/O- AMRITPUR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. LAB. BEARER OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 31: PORAG PRATIM SONOWAL S/O- GIRINDRA SONOWAL R/O- AMRITPUR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. LAB. BEARER OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 32: DIGENDRA BAIDYA S/O- NIRANJAN BAIDYA R/O- AMRITPUR SILAPATHAR DIST- DHEMAJI ASSAM PIN-787059. GRADE- IV EMPLOYEE OF SILAPATHAR SCIENCE COLLEGE AMRITPUR DHEMAJI. 33: UTTAM PHUKON S/O- HEMADHAR PHUKON R/O- MORAN TILOINAGAR DIST- DIBRUGARH ASSAM PIN- 785675. SR. ASSTT OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH. 34: TRIBENI CHETIA C/O- DHRUBA JYOTI PHUKAN R/O- CHOWKIDINGEE LACHIT NAGAR DIST- DIBRUGARH ASSAM PIN- 786001. JR. ASSTT OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH. Page No.# 8/17 35: SWADHIN JYOTI GOGOI S/O- BHARAT GOGOI R/O- MOUT GAON MORANHAT DIST- CHARAIDEO ASSAM PIN- 785670. JR. ASSTT OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH. 36: GITANJALI DIHINGIA LAHON C/O- MANUJ LAHON R/O- MORAN DIKHARI GAON DIST- DIBRUGARH ASSAM PIN- 785675. LIB. ASSTT OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH. 37: GOUTAM CHUTIA S/O- KUKHESAR CHUTIA R/O- MORAN DIKHARI KHOWANG DIST- DIBRUGARH ASSAM PIN- 785675. GRADE- IV EMPLOYEE OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH. 38: KAMAL MAJHI S/O- SUREN MAJHI R/O- FATIKACUA ABHAIPURIA GAON DIST- DIBRUGARH ASSAM PIN- 785675. GRADE- IV EMPLOYEE OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH. 39: PREMA GOGOI S/O- LATE LAKHAN GOGOI R/O- CHAKALIA GAON DIST- DIBRUGARH ASSAM PIN- 785675. GRADE- IV EMPLOYEE OF MORAN COMMERCE COLLEGE NATUN NAGAR DIBRUGARH 40: MADHUSUDAN BHOWMICK C/O- MONORANJAN BHOWMICK Page No.# 9/17 R/O- KOMORAKATA DIST- HOJAI ASSAM PIN- 782435. SR. ASSTT OF JAMUNAMUKH COLLEGE NAGAON. 41: NILIMA DEVI C/O- RONGDEV NATH R/O- KOMORAKATA DIST- HOJAI ASSAM PIN- 782435. SR. ASSTT OF JAMUNAMUKH COLLEGE NAGAON. 42: REHENA KHATUN D/O- ABDUR REZZAK ALI AHMED R/O- BARBALA DIST- HOJAI ASSAM PIN- 782435. JR. ASSTT OF JAMUNAMUKH COLLEGE NAGAON. 43: PRONOJIT BISWAS S/O- SAILENDRA BISWAS R/O-WARIGENDING BARAPUTIA DIST- HOJAI ASSAM PIN- 782435. GRADE- IV EMPLOYEE OF JAMUNAMUKH COLLEGE NAGAON. 44: SAJAL BISWAS S/O- ANANDA BISWAS R/O-HAYANG BASTI DIST- HOJAI ASSAM PIN- 782428. GRADE- IV EMPLOYEE OF JAMUNAMUKH COLLEGE NAGAON. 45: MRINALI DEVI W/O- SADANANDA BORTHAKUR R/O- LAHUWAL GAON TEOK DIST- JORHAT ASSAM PIN- 785682. LIB. BEARER OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. Page No.# 10/17 46: PURNIMA HAZARIKA C/O MANASH PRATIM BORA R/O- DERGAON TOWN DIST- GOLAGHAT ASSAM PIN- 785614. LIB. BEARER OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. 47: JITAMONI BORAH C/O- PARAGJYOTI BORAH R/O- TAMULI GAON DIST- JORHAT ASSAM PIN- 785682. LIB. ASSTT OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. 48: RITAMONI MAKUMURIA C/O- KRISHNA BURAGOHAIN R/O- LAHUWAL GAON DIST- JORHAT ASSAM PIN- 785682. GRADE- IV EMPLOYEE OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. 49: PANKAJ GOGOI S/O- BAPURAM GOGOI R/O- TAMULICHIGA MAJGAON DIST- SIBSAGAR ASSAM PIN- 785682. GRADE- IV EMPLOYEE OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. 50: ABON ARANDHARA S/O- GUNESWAR ARANDHARA R/O- TAMULI GAON DIST- JORHAT ASSAM PIN- 785682. GRADE- IV EMPLOYEE OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. 51: ARUP JYOTI HAZARIKA Page No.# 11/17 S/O- SIBA HAZARIKA R/O- LAHUWAL GAON DIST- JORHAT ASSAM PIN- 785682. GRADE- IV EMPLOYEE OF GHANAKANTA BORAH COLLEGE TAMULICHIGA JORHAT. 52: JAGOT CHANDRA BORA S/O- JAIGORAM BORA R/O- NORAKONWAR BONGAON DIST- GOLAGHAT ASSAM PIN- 785622. ASSTT.LIB OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 53: MD SOFIQUL ISLAM S/O- JOMIZUDDIN AHMED R/O- HATIYEKHOWA DIST- GOLAGHAT ASSAM PIN- 785626. SR. ASSTT OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 54: RAJU KUMAR GOHAIN S/O- THANESWAR GOHAIN R/O- CHOMONI GAON DIST- GOLAGHAT ASSAM PIN- 785626. SR. ASSTT OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 55: DULAL PHUKON S/O- GUNIN PKUKON R/O- HATIYEKHOWA DIST- GOLAGHAT ASSAM PIN- 785626. JR. ASSTT OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 56: JYOYSHNA REKHA BORA D/O- RABO KANTA BORA R/O- HATIYEKHOWA DIST- GOLAGHAT Page No.# 12/17 ASSAM PIN- 785626. JR. ASSTT OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 57: SURAB ALI S/O- RAHIMATDDIN ALI R/O- HATIYEKHOWA DIST- GOLAGHAT ASSAM PIN- 785626. GRADE- IV EMPLOYEE OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 58: JAMAN ALI S/O- HANIFOTDDIN ALI R/O- HATIYEKHOWA DIST- GOLAGHAT ASSAM PIN- 785626. GRADE- IV EMPLOYEE OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 59: SOFIKUL HUSSAIN S/O- NOJIRUGDDIN AHMED R/O- KURIGORIA GAON DIST- GOLAGHAT ASSAM PIN- 785618. GRADE- IV EMPLOYEE OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 60: SMRITI REKHA DUTTA S/O- ATUL DUTTA R/O- HATIYEKHOWA DIST- GOLAGHAT ASSAM PIN- 785626. GRADE- IV EMPLOYEE OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 61: RUMA BEGUM D/O- MONIGUL HAQUE R/O- KURIGHORIA Page No.# 13/17 DIST- GOLAGHAT ASSAM PIN- 785618. GRADE- IV EMPLOYEE OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT. 62: MUJIBUR RAHMAN S/O- HOBIDUR RAHMAN R/O- BARAGHORIA DIST- GOLAGHAT ASSAM PIN- 785618. GRADE- IV EMPLOYEE OF GOLAGHAT PURBANCHALIK COLLEGE HATIYEKHOWA GOLAGHAT VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER 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 HIGHER EDUCATION KAHILIPARA GUWAHATI ASSAM PIN- 781019 Advocate for the Petitioner : HAZARAT MIRZA ALI, MR. M DUTTA Advocate for the Respondent : SC, HIGHER EDU, SC, FINANCE Page No.# 14/17 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 03.12.2025 Heard Mr. M. Dutta, learned counsel for the petitioners; Mr. S. Das, learned standing counsel for the Higher Education Department, respondent Nos. 1 & 3; and Ms. R.M. Barooah, 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 the case of 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 different colleges 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. In the meantime, this Court had struck down the Act of 2011. Thereafter, the Government, in compliance with the direction of this Court, had introduced the Assam Education Page No.# 15/17 (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. Das, learned standing counsel for the Higher 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 present case, the petitioners have not filed any representation before the respondent authorities for consideration of their prayer. 4.1. Further submission of Mr. Das 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 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 Page No.# 16/17 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 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 individual representations before the Page No.# 17/17 respondent authorities by enclosing the present writ petition along with all the relevant documents enclosed therewith 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 representations 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