Page No.# 1/8 GAHC010248262025 2025:GAU-AS:16060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6646/2025 DULAL CH PAUL AND 23 ORS S/O JAYKANTA PAUL, R/O - 177, BAMUNGAON PT-I, BORIGAON, NORTH SALMARA, DISTRICT-BONGAIGAON, ASSAM, PIN - 783384. 2: ABDUL MOTALEB S/O NIZAMUDDIN R/O - 65 LATIBARI PT-I LATIBARI NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 3: CHAKRADHAR ADHIKARY SRI RAM ADHIKARY R/O - 30 RANGAPANI NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 4: MOSTAFA AHMED S/O IDRISH ALI R/O - 180 KOKILA PART II KOKILA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783392. 5: SAJAHAN ALI AHMED Page No.# 2/8 S/O LATE AHMED ALI R/O - 84 KOKILA PART II KOKILA NORTH SALMARA DISTRICT- BONGAIGAON ASSAM PIN -783392. 6: BHARATI RANI BASAK D/O PRIYA NATH BASAK R/O - 14 SONKUCHI COLONY SONKUCHI WARD NO - 15 DISTRICT - BARPETA ASSAM PIN- 781314. 7: RAM PRASAD KARMAKAR S/O SUKUMAR KARMAKAR R/O - 185 KOKILA NAYAPARA KOKILA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783392. 8: ATOWAR RAHMAN S/O KORBAN ALI R/O - 96 GHORAMARA PT- I RANGAPANI NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 9: DEWAN NURUL ISLAM S/O HAJI MD. CHAND DEWAN R/O - 45 CHAKLA PT I CHAKLA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783392. Page No.# 3/8 10: BHABESH CHANDRA BISWAS S/O MUTILAL BISWAS R/O - 148 B DUMERGURI PT III DUMERGURI NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 11: MIZANUR RAHMAN S/O ANOWAR HUSSAIN R/O - 101 NUMBERPARA PART II NUMBERPARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783382. 12: NAYAN ALI AHMED S/O MOULANA ABDUL KUDDUS R/O - 8 NUMBERPARA PT- I NUMBERPARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783392. 13: GOPAL CH SARKAR S/O ASWINI KUMAR SARKAR R/O - HOUSE NO. 241 VILLAGE. NO. 2 CHATIANGURI P.O. BIJNI BIJNI CHIRANG ASSAM - 783390. 14: ABDUL RAZZAK KHANDAKAR S/O ABUL HUSSAIN KHANDAKAR R/O HOUSE NO. 103 VILLAGE - PURAN BIJNI BIJNI CHIRANG ASSAM - 783390. Page No.# 4/8 15: ROFIQUL ISLAM S/O ABDUS SHAKUR R/O - 21A PIKNAPARA PIRADHARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 16: RIAZ UDDIN S/O TALIB ALI R/O - H.NO. 34 JHARPARA PT- I LENGTISINGA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 17: ALAUDDIN MONDAL S/O ABDUR REZA MONDAL R/O - 62 DUMURIA PT - I PIRADHARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 18: ASIA KHATUN D/O MOHAMMAD ALI SARKAR R/O - VILLAGE - NAYAPARA WARD NO - 11 P.O - ABHAYAPURI P.S - ABHAYAPURI DISTRICT - BONGAIGAON ASSAM - 783384. 19: DWIPEN CHANDRA BARMAN S/O KUTIWAR BARMAN R/O - KAHIBARI PT - II KIRTANPARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. Page No.# 5/8 20: ANANDA CH SAHA S/O BINAY KUMAR SAHA R/O - 28 VILL KOKILA NAYAPAYA PO KOKILA PS - ABHAYAPURI DISTRICT - BONGAIGAON ASSAM- 783392. 21: SHASHI BHUSHAN KARMAKAR S/O BAIDYA NATH KARMAKAR R/O - 170 SIMLABARI PT II RANGAPANI NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 22: ABU TALEB S/O ABDUR RAZZAQUE R/O - 62 DUMURIA PT - I PIRADHARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 23: MD AHER ALI S/O LT RIAZUDDIN R/O - 38 A DEOTARI KIRTANPARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384. 24: RATAN CH ARJYA S/O DINESH CH ARJYA R/O - 140 DEOTARY KIRTANPARA NORTH SALMARA DISTRICT - BONGAIGAON ASSAM PIN - 783384 Page No.# 6/8 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI - 6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI - 6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILPARA GUWAHATI ASSAM - 781019. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM PIN- 783380 Advocate for the Petitioner : MR B D DAS, MR J LOTHA,MR S BORA,MR H K SARMA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 26.11.2025 Heard Mr. B. D Das, learned senior counsel assisted by Mr. S. Bora, learned counsel for the petitioners, who submits that the petitioners were initially appointed as Assistant Teachers/Hindi Teachers in different M.E Schools on regular scale of pay on the recommendation of the Advisory Board sometime in the year 1993 and 1994 in the district of Bongaigaon. Although they were paid salaries for initial three months, but thereafter, Page No.# 7/8 the same was discontinued and the petitioners came to be appointed as Tutors under the provision of Section 2 (u) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 in different M.E Schools by an order dated 30.01.2021 at a fixed salary of Rs.10,800/- per month w.e.f. 01.11.2020. He submits that the petitioners are discharging similar duties and functions as that of the regular teachers, but they have been deprived of regular scale of pay. 2. He further submits that the case of the petitioners in fact is squarely covered by the decision rendered by a Division Bench of this Court in Mohor Ali Sheikh and others –vs- State of Assam and others, reported in 2024 (5) GLT 689, wherein the Court directed the respondent authorities to determine the regular scale of pay to the Tutors which is commensurate to other Government employees within a time frame of six months. 3. He further submits that relying upon the case of Mohor Ali Sheikh and others (supra), a number of similarly situated persons had also approached this Court by filing WP(C) No.5436/2025 and the said writ petition was disposed of vide order dated 17.09.2025 by directing the petitioners therein to approach the respondent authorities concerned to file their representations individually and with a further direction to the respondent authorities to dispose of such representations to be filed within a time frame and consequently if the petitioners are found to be similarly situated, similar benefit be granted to them as well. 4. Although Mr. G. Pegu, learned Standing Counsel, Elementary Education Department and Ms. R.M. Barua, learned Standing Counsel, Finance Department seek for some time to receive instructions in this Page No.# 8/8 regard, but having regard to the projection made by the petitioners and importantly in view of the earlier decision rendered by this Court in Mohor Ali Sheikh and others (supra) and also in WP(C) No.5436/2025, the writ petition is disposed of with a direction to the petitioners to submit their individual representations along with a certified copy of this order before the respondent No.1. It is further provided that all the writ petitioners need not submit a copy of this writ petition and only the petitioner No.1 may submit the copy of the writ petition with annexures and the respondent authority shall consider the same to be sufficient. Upon receiving the representations to be filed by the petitioners, the same be considered and in the event, it is found that the petitioners are similarly situated as the petitioners in Mohor Ali Sheikh and others (supra) as well as in WP(C) No.5436/2025 and WP(C) No.2729/2019, similar benefit be granted to them. 5. The entire exercise be carried out as expeditiously as possible and at any rate within the outer limit of three months from the date of receipt of a certified copy of this order. 6. With the above observations and direction, the writ petition is disposed of. JUDGE Comparing Assistant