Page No.# 1/7 GAHC010030702025 2025:GAU-AS:2077 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1087/2025 ABDUL GAFFAR C/O ABU HAYET, RESIDENT OF VILLAGE RADHAKUCHI, PO RADHAKUCHI, DIST BARPETA ASSAM, 2: TUFAZZAL HUSSAIN C/O ALOWAR RAHMAN RESIDENT OF VILLAGE KAHIKUCHI PO KAHIKUCHI DIST BARPETA ASSAM 3: BACHAN ALI AHMED C/O JAMAL UDDIN RESIDENT OF VILLAGE NALI GAON PO NALI GAON DIST BARPETA ASSAM 4: RAIZ UDDIN AHMED C/O ABDUL AZIZ RESIDENT OF VILLAGE KAYAKUCHI GAON PO NALI GAON DIST BARPETA ASSAM 5: MD. FAZLUR RAHMAN C/O SOHRAB ALI RESIDENT OF VILLAGE SONTOSHPUR PO SONTOSHPUR PS MERERCHAR DIST BONGAIGAON ASSAM Page No.# 2/7 6: SAIDUL ISLAM C/O ABDUL HOQUE RESIDENT OF VILLAGE BARTARY PO RANGAPANI DIST BARPETA ASSAM 7: PIYAR ALI C/O HAZARAT ALI RESIDENT OF VILLAGE DUMERGURI PO DUMERGURI DIST BONGAIGAON ASSAM 8: MORIUM KHATUN D/O MATIOR RAHMAN RESIDENT OF VILLAGE SONTOSHPUR PO SONTOSHPUR DIST BONGAIGAON ASSAM 9: SOFIUR RAHMAN C/O LATE JALAL UDDIN RESIDENT OF VILLAGE DHALAGASA PO RANGAPANI DIST BONGAIGAON ASSAM 10: ABDUL HAI ALHADI C/O ABUBAKKAR SIDDIQUE RESIDENT OF VILLAGE JOYBHUM PO JOYBHUM DIST GOALPARA ASSAM 783129 11: AHER ALI SHEIKH C/O REFAZ ALI SHEIKH RESIDENT OF VILLAGE NABAGATA SIMLITOLA PO NABAGATA SIMLITOLA DIST GOALPARA ASSAM 12: SAHADAT AHMED C/O ABUL HUSSAIN RESIDENT OF VILLAGE GADESHALIPAM PO SARTHEBARI Page No.# 3/7 PS SARTHEBARI DIST BARPETA ASSAM 13: SHAMSUL HOQUE C/O SHOMED ALI RESIDENT OF VILLAGE JARABARI PO JARABARI DIST BARPETA ASSAM 14: SHIKDER NABIR HUSSAIN C/O SHIKDER SABED ALI AHMED RESIDENT OF VILLAGE PUTLARTARY PO JARABARI DIST BARPETA ASSAM 15: MAZEDUR RAHMAN C/O HABEZ UDDIN RESIDENT OF VILLAGE BARBALA PO BARBALA DIST BARPETA ASSAM 16: ALI HUSSAIN C/O JAHER ALI RESIDENT OF VILLAGE KHIRABARI PO BARPETA ROAD DIST BARPETA ASSAM 17: GULAPZAN AHMED C/O ABDUL KADER BEPARI RESIDENT OF BARPETA ROAD PO BARPETA ROAD ASSAM 18: NAZRUL ISLAM C/O MOKSHED ALI RESIDENT OF JOGIRPAM PO DABALIPARA DIST BARPETA ASSAM 19: RANGALAL CH. MANDAL C/O HIRALAL MANDAL RESIDENT OF VILLAGE JOTI GAON PO BHAKTARKUR Page No.# 4/7 DIST BARPETA ASSAM 20: FAZLUL HOQUE C/O ABDUL GANI RESIDENT OF VILLAGE TATIKUCHI PO RADHAKUCHI DIST BARPETA ASSAM 21: HANIF ALI AHMED C/O SANGSHER ALI RESIDENT OF VILLAGE TARABARI PO BAHARIHAT DIST BARPETA ASSAM 22: HUSSAIN ALI C/O ABDUL KHALEK RESIDENT OF VILLAGE KAMALPUR PO BARBALA DIST BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR GUWAHATI 781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE (EC-II) DEPARTMENT DISPUR GUWAHATI 781006 3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI 781006 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 5:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM 781301 Page No.# 5/7 6:THE INSPECTOR OF SCHOOLS GOALPARA DISTRICT CIRCLE GOALPARA ASSSAM 783101 7:THE INSPECTOR OF SCHOOLS BONGAIGAON DISTRICT CIRCLE ASSAM 783380 8:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA ASSAM 781301 9:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 10:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM 78338 Advocate for the Petitioner : MS S. MEHJABIN, MR. R ISLAM,MR N SARMA,MR G U AHMED Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 28.02.2025 Heard Mr. N. Sarma, learned counsel for the petitioners, who submits that the petitioners were initially appointed as teachers and that their services were provincialised as Tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. The petitioners have prayed for issuing a writ of mandamus directing the respondent authorities to grant minimum pay scale to them. The petitioners’ counsel submits that the present case is a covered Page No.# 6/7 case in terms of the Division Bench judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 (Mohor Ali Sheikh & 22 Ors. Vs. The State of Assam & 7 Ors.) and other connected writ petitions. As such a similar direction may be issued, as has been issued in the said case. 2. Mr. S.M.T. Chistie, learned counsel appears for the respondent Nos.3, 4, 5, 6, 7, 8, 9 & 10. Mr. B Gogoi, learned counsel appears for the respondent No. 2, while Mr. P. Saikia, learned counsel appears for the respondent No. 1. 3. The operative portion of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 by the Division Bench of this Court states as follows:- “179. It is true that the courts cannot direct the legislature to enact law in a particular manner. However, in discharge of its statutory obligation the Government, in exercise of its Rule making power, will have a duty to frame Rules for proper implementation of the provisions of the Statute. While framing the Rules, the State will also be under a bounden duty to, not only to act in terms of the scheme of the Act but also to unflinchingly adhere to the Constitutional norms of equality. It will, therefore, be in the fitness of things that the State Government itself, in exercise of its Rule making power under section 23 of the Act, takes necessary steps to provide for a regular pay scale to the Tutors, which can even be commensurate to the pay structure indicated in the Schedule of the Governing Act. Such a measure, in our view, will restore the equality of treatment to this category of Teachers with the other Government employees and at the same time will not become burdensome to the exchequer. We, therefore, direct the respondents to Page No.# 7/7 initiate necessary steps in the matter, in the light of the observations made here-in-above, as expeditiously as possible, preferably within a period of 6 (six) months from today.” 4. As can be seen from above, the Division Bench of this Court had directed the State Government to take necessary steps to provide a regular pay scale to the Tutors which may be commensurate to the pay structure indicated in the Schedule of the Governing Act. This Court is of the view that the issue raised in the writ petition is governed by the Division Bench judgment and order dated 04.10.2024 passed in WP(C) 2729/2019. Accordingly, this writ petition stands disposed of in terms of the Division Bench judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 (Mohor Ali Sheikh & 22 Ors. Vs. The State of Assam & 7 Ors.). JUDGE Comparing Assistant