Page No.# 1/18 GAHC010274302025 2025:GAU-AS:17229 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7139/2025 RANJAN DUTTA S/O-LATE TULSHI DUTTA, R/O-MILONJYOTI NAGAR, PANJABARI, DIST- KAMRUP M, ASSAM, PIN- 781137,SR. ASSTT, KAMASHREE HITESWAR SAIKIA SR.SECONDARY, SCHOOL, KAMRUP M. 2: DWIJENDRA NATH DEKA S/O- GANESH CHANDRA DEKA R/O- RAMDIA ROAD HAJO DIST- KAMRUP ASSAM PIN- 781102 JR. ASSTT KAMASHREE HITESWAR SAIKIA SR.SECONDARY SCHOOL KAMRUP M. 3: SURABHI KONWER D/O- NOMAL KONWER R/O- NAMGHAR PATH PANJABARI DIST- KAMRUP M ASSAM PIN- 781037 LAB. BEARER KAMASHREE HITESWAR SAIKIA SR.SECONDARY SCHOOL KAMRUP M. 4: RAMESH GHATOWAR S/O- RUPESWAR GHATOWAR R/O- JAPIHAJIA RAJMAI GRANT Page No.# 2/18 DIST- SIBSAGAR ASSAM PIN- 785672 SR. ASSTT RAJABARI SR. SECONDARY SCHOOL SIBSAGAR 5: ANANTA KUMAR DAS S/O- KHOGEN KUMAR DAS R/O- UDAIPUR MERAPANI DIST- GOLAGHAT ASSAM PIN- 785705 JR. ASSTT DOYANG SR. SECONDARY SCHOOL GOLAGHAT. 6: NIRMAL KUMAR BAISHYA S/O- ABHI RAM SAUD R/O- DAMODAR NAGAR BETKUCHI DIST- KAMRUP M ASSAM PIN- 781040 JR. ASSTT DAKHIN GUWAHATI SR. SECONDARY SCHOOL KAMRUP M. 7: DIMBESWAR NATH S/O- BAHI RAM NATH R/O- SAWKUCHI DIST- KAMRUP M ASSAM PIN- 781140 SR. ASSTT DAKHIN GUWAHATI SR. SECONDARY SCHOOL KAMRUP M. 8: BIJOY DULAKASHARIA S/O- LATE DHANIRAM DULAKASHARIA R/O- BHUYANKHAT VILLAGE DIST- CHARAIDEO ASSAM PIN- 785693 LIB. ASSTT Page No.# 3/18 BORHAT B.P.B.M. SR. SECONDARY SCHOOL CHAREIDEO. 9: ALAMGIR TALUKDAR S/O- MUYAZZEM HUSSAIN TALUKDAR R/O- SAHPUR DIST- BARPETA ASSAM PIN- 781317 JR. ASSTT D.K. HIGH SCHOOL BARPETA 10: ROMENDRA BORUAH S/O- HORENDRA BORUAH R/O- BORHAT HABI GAON DIST- CHARAIDEO ASSAM PIN- 785693 SR. ASSTT BORHAT B.P.B.M. SR. SECONDARY SCHOOL CHAREIDEO 11: JUN DAS S/O- KERPAI DAS AGE ABOUT 40 YEARS R/O- KAKOTITUP AZAD DIST- LAKHIMPUR ASSAM PIN- 787031 JR. ASSTT T.T.N. SR. SECONDARY SCHOOL LAKHIMPUR 12: CHARITRA KUMAR NATH S/O- PREMANANDA NATH R/O- SAMUGURI NO. 1 DIST- KARBI ANGLONG ASSAM PIN- 782482 JR. ASSTT CHITALMARI HIGH SCHOOL KARBI ANGLONG. 13: KRISHNO MONI SHARMA Page No.# 4/18 S/O- BIRAT SHARMA NAYADAHAR DIST- KARIMGANJ SRIBHUMI ASSAM PIN- 788724 JR. ASSTT PATHARKANDI ANCHALIK PANCHAYAT HIGH SCHOOL KARIMGANJ. 14: ARUN KANTI RAJKUMAR S/O- SENA CHAUBA RAJKUMAR R/O- BETHUBARI DIST- KARIMGANJ SRIBHUMI ASSAM PIN- 788735 JR.ASSTT NAVODAYA PUBLIC HIGH SCHOOL KARIMGANJ. 15: BINUD DOLEY S/O- CHIGIYA DOLEY R/O- NA ALI DIST- LAKHIMPUR ASSAM PIN- 787052 GRADE- IV T.T.N. SR. SECONDARY SCHOOL LAKHIMPUR 16: BIREN KALITA S/O- DIMBESWAR KALITA R/O- KHAGAJUGALPUR DIST- LAKHIMPUR ASSAM PIN- 787052 LIB. ASSTT T.T.N. SR. SECONDARY SCHOOL LAKHIMPUR. 17: RUPALI DOLEY SONOWAL W/O- JAGAT SONOWAL R/O- TINIKHUTI GAON DIST- LAKHIMPUR ASSAM PIN- 787052 GRADE- IV Page No.# 5/18 T.T.N. SR. SECONDARY SCHOOL LAKHIMPUR. 18: ASAB UDDIN LASKAR S/O- ABDUL GOFUR LASKAR R/O- DAKHIN JANSBAD PT- II DIST- HAILAKANDI ASSAM PIN- 788163 SR. ASSTT A.K.H.S. SCHOOL HAILAKANDI. 19: NAZIM UDDIN MAZUMDAR S/O- ABDUL WAHID MAZUMDER R/O- DAKHIN JANSBAD PT- II DIST- HAILAKANDI ASSAM PIN- 788163 GRADE- IV A.K.H.S. SCHOOL HAILAKANDI. 20: MITALI LAHON D/O- DULU LAHON R/O- DILLIGHAT DIST- SIBSAGAR ASSAM PIN- 785693 JR. ASSTT BORHAT B.P.B.M. SR. SECONDARY SCHOOL CHAREIDEO. 21: NITU MURMU S/O- JATRU MURMU R/O- MICHAJAN DIST- SIBSAGAR ASSAM PIN- 785693 GRADE- IV BORHAT B.P.B.M. SR. SECONDARY SCHOOL CHAREIDEO. 22: HARESH BARUAH S/O- GURUPRASAD BORUAH R/O- NAHAR PUKHURI DIST- SIBSAGAR Page No.# 6/18 ASSAM PIN- 785693 GRADE- IV BORHAT B.P.B.M. SR. SECONDARY SCHOOL CHAREIDEO. 23: DIBAKAR SINGH S/O- MONI SINGH R/O- BORHAT HABI GAON DIST- SIBSAGAR ASSAM PIN- 785693 GRADE- IV BORHAT B.P.B.M. SR. SECONDARY SCHOOL CHAREIDEO. 24: JYOTIMONI BORAH S/O- PRADIP HAZARIKA R/O- GOHAI JAN GAON DIST- JORHAT ASSAM PIN- 785630 LIB. ASSTT DOYANG SR. SECONDARY SCHOOL DIST- GOLAGHAT. 25: AHIDUR AHMED S/O- MUHIBUR AHMED R/O- MERAPANI DIST- GOLAGHAT ASSAM PIN- 785705 GRADE- IV DOYANG SR. SECONDARY SCHOOL DIST- GOLAGHAT. 26: HORAKANTA LOYING S/O- MATIRAM LOYING R/O- MERAPANI DIST- GOLAGHAT ASSAM PIN- 785705 SR. ASSTT DOYANG SR. SECONDARY SCHOOL DIST- GOLAGHAT. 27: HEMO BORA Page No.# 7/18 S/O- MOTHURA BORA R/O- MERAPANI DIST- GOLAGHAT ASSAM PIN- 785705 GRADE- IV DOYANG SR. SECONDARY SCHOOL DIST- GOLAGHAT. 28: ALPANA DUTTA W/O- DURNA GOGOI R/O- CHUMANI GAON DIST- GOLAGHAT ASSAM PIN- 785626 LIB. ASSTT GOLAGHAT PURBANCHALIK SR. SECONDARY SCHOOL GOLAGHAT 29: PORESH BORA S/O- KESHARAM BORA R/O- DERGAON DIST- GOLAGHAT ASSAM PIN- 785614 JR. ASSTT DERGAON SR. SECONDARY SCHOOL DIST- GOLAGHAT. 30: ANIL BORA S/O- TIRTHESWAR BORA R/O- DERGAON DIST- GOLAGHAT ASSAM PIN- 785614 LIB. ASSTT DERGAON SR. SECONDARY SCHOOL DIST- GOLAGHAT. 31: CHANDAN JYOTI HAZARIKA S/O- JATIN HAZARIKA R/O- BORTENG NOWSOLIA DIST- GOLAGHAT ASSAM PIN- 785626 GRADE- IV Page No.# 8/18 GOLAGHAT PURBANCHALIK SR. SECONDARY SCHOOL GOLAGHAT. 32: THOGESWAR PHUKON S/O- BISHNURAM PHUKON R/O- SUMONI GAON DIST- GOLAGHAT ASSAM PIN- 785626 GRADE- IV GOLAGHAT PURBANCHALIK SR. SECONDARY SCHOOL GOLAGHAT. 33: JAMAL UDDIN S/O- AHMED ALI R/O- BHURUNGA DIST- KARIMGANJ SRIBHUMI ASSAM PIN- 788724 GRADE- IV PATHARKANDI ANCHALIK PANCHAYAT HIGH SCHOOL KARIMGANJ. 34: WAHID ALI S/O- LATE SARIF ALI R/O- JAPIHOJIA DIST- SIBSAGAR ASSAM PIN- 785672 RAJABARI SR. SECONDARY SCHOOL SIBSAGAR. 35: GOPAL GUWALA S/O- KAMALA GUWALA R/O- JAPIHOJIA DIST- SIBSAGAR ASSAM PIN- 785672 GRADE- IV RAJABARI SR. SECONDARY SCHOOL SIBSAGAR. 36: JONALI GOGOI W/O- GOPIKANTA GOGOI R/O- PANBECHA DIST- SIBSAGAR Page No.# 9/18 ASSAM PIN- 785663 LIB. ASSTT RAJABARI SR. SECONDARY SCHOOL SIBSAGAR. 37: BIJOY BORAIK S/O- FRANSISH BORAIKE R/O- JAPISOJIA DIST- SIBSAGAR ASSAM PIN- 785672 GRADE- IV RAJABARI SR. SECONDARY SCHOOL SIBSAGAR. 38: JULI HAZARIKA W/O- JOGENDRA BORUAH R/O- PANGIRIA GAON DIST- JORHAT. ASSAM PIN- 785008 JR. ASSTT PACHIM CHAWKHAT U M BIDYALAYA JORHAT. 39: RONJIT BHARALI S/O- BINONDA BHARALI R/O- BORKHELIA DIST- JORHAT ASSAM PIN- 785101 GRADE- IV PACHIM CHAWKHAT U M BIDYALAYA JORHAT. 40: DIGANTA MOHON S/O- JUGEN MOHON R/O- KHANAPARA DIST- KAMRUP M ASSAM PIN- 781022 GRADE- IV KAMASHREE HITESWAR SAIKIA SR.SECONDARY SCHOOL KAMRUP M 41: SUDIPPON NAG S/O- NISI KANTA NAG Page No.# 10/18 R/O- MADHABPUR HAILAKANDI ASSAM PIN- 788165 SR. ASSTT HAILAKANDI WOMENS SR. SECONDARY SCHOOL HAILAKANDI. 42: MALLIKA CHANDA CHAKRABARTY W/O- RAJIB CHAKRABARTY R/O- COLLEGE ROAD DIST- HAILAKANDI ASSAM PIN- 788151 LIB. ASSTT HAILAKANDI WOMENS SR. SECONDARY SCHOOL HAILAKANDI. 43: TAPASHI PAUL D/O- REBATI PAUL R/O- WARD NO. 6 DIST- HAILAKANDI ASSAM PIN- 788151 JR. ASSTT HAILAKANDI WOMENS SR. SECONDARY SCHOOL HAILAKANDI. 44: SHIBUL HUSSAIN BARBHUIYA S/O- NIMAR ALI BARBHUIYA R/O- BROJOPUR DIST- HAILAKANDI ASSAM PIN- 788155 GRADE- IV HAILAKANDI WOMENS SR. SECONDARY SCHOOL HAILAKANDI 45: AMARENDRA DAS S/O- JATINDRA CHANDRA DAS R/O- SHIB BARI ROAD DIST- HAILAKANDI ASSAM PIN- 788151 GRADE-IV HAILAKANDI WOMENS SR. SECONDARY SCHOOL HAILAKANDI. Page No.# 11/18 46: ABUL HUSSAIN CHOUDHURY S/O- ABDUL KHALIQUE CHOUDHURY R/O- SAYEDBOND DIST- HAILAKANDI ASSAM PIN- 788150 SR. ASSTT A.L. CHOUDHURY SR. SECONDARY SCHOOL HAILAKANDI. 47: JASMIN AKTAR LASKAR W/O- BADRUL HAQUE LASKAR R/O- RATAKANDI DIST- HAILAKANDI ASSAM PIN- 788151 LIB. ASSTT A.L. CHOUDHURY SR. SECONDARY SCHOOL HAILAKANDI. 48: HABIBUL HOQUE CHOUDHURY S/O- ABDUL KUDDUS CHOUDHURY R/O- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788150 JR. ASSTT A.L. CHOUDHURY SR. SECONDARY SCHOOL HAILAKANDI. 49: AMJAD ALI S/O- SAMIR UDDIN R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783384 SR. ASSTT GOLAPARA HIGHER SECONDARY SCHOOL GOLAPARA. 50: MD MONSUR ALI S/O- LATE SAFIR UDDIN R/O- ISLAMPUR JOGIGHOPA DIST- BONGAIGAON ASSAM PIN- 783382 SR. ASSTT Page No.# 12/18 GOBINDA MEMORIAL HIGHER SECONDARY SCHOOL JOGIGHOPA. 51: RATHIN KR RAY S/O- LATE RATNESWAR RAY R/O- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN- 783382 GRADE- IV GOBINDA MEMORIAL HIGHER SECONDARY SCHOOL JOGIGHOPA. 52: RAMJAN ALI SARDAR S/O- MUKTAR ALI SARDAR R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783384 GRADE- IV GOLAPARA HIGHER SECONDARY SCHOOL GOLAPARA. 53: KALIM UDDIN AHMED S/O- SABDER ALI R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 SR. ASSTT NAMBERPARA ANCHALIK SENIOR SECONDARY SCHOOL BONGAIGAON. 54: PASHAN ALI AHMED S/O- CHANDU MIAH R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 LIB. ASSTT NAMBERPARA ANCHALIK SENIOR SECONDARY SCHOOL BONGAIGAON. 55: ABDUS SALAM S/O- ISMAIL HUSSAIN R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM Page No.# 13/18 PIN- 783392 GRADE- IV NAMBERPARA ANCHALIK SENIOR SECONDARY SCHOOL BONGAIGAON. 56: MIR MAHIR UDDIN AHMED S/O- MIR AMZAD HUSSAIN R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 JR. ASSTT NAMBERPARA ANCHALIK SENIOR SECONDARY SCHOOL BONGAIGAON. 57: AJIJUL HOQUE S/O- DUKHU MIAH R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 GRADE- IV NAMBERPARA ANCHALIK SENIOR SECONDARY SCHOOL BONGAIGAON. 58: MD JAKIR HOSSAIN S/O- AMJAD HUSSAIN R/O- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 GRADE- IV NAMBERPARA ANCHALIK SENIOR SECONDARY SCHOOL BONGAIGAON 59: KSHITISH CHANDRA NATH S/O- ABHEN NATH R/O- UPARTOLA DIST- GOALPARA ASSAM PIN- 783124 GRADE- IV UPARTALA HIGH SCHOOL GOALPARA 60: AMZAD HUSSAIN SARKAR S/O- NURBAKTA SARKAR Page No.# 14/18 R/O- DURGAMARI DIST- BONGAIGAON ASSAM PIN-783372 JR. ASSTT BISWANABI HIGH MADRASSA BONGAIGAON. 61: MONOWAR HUSSAIN S/O- ABDUL KARIM SHEIKH R/O- DURGAMARI DIST- BONGAOGAON ASSAM PIN- 783372 GRADE- IV BISWANABI HIGH MADRASSA BONGAIGAON 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 Advocate for the Petitioner : HAZARAT MIRZA ALI, Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE Page No.# 15/18 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, Assistant Librarian, Laboratory Bearer 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 Page No.# 16/18 and 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 (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). Page No.# 17/18 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 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 Page No.# 18/18 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 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