Page No.# 1/7 GAHC010038722025 2025:GAU-AS:2059 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1082/2025 ANOWAR HUSSAIN S/O- TAIMUR ALI SARKAR, VILLAGE-KALDOBA PART III, P.O AND P.S- AGOMONI, DIST- DHUBRI, ASSAM, PIN-783335 2: ABDUS SAMAD ALI S/O- LATE BERA MAMUD SK VILL- TALOWAGAON. P.O- SRINAGAR P.S- TAMARHAT DIST- DHUBRI ASSAM PIN-783332 3: UTPAL KUMAR MONDAL S/O- DHIRENDRA NARAYAN MONDAL VILL- KAIMARA PART VII. P.O- KAIMARI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 4: DILIP CHANDRA ROY S/O- LATE DEIJENDRA NATH ROY VILL- BHAMANDANGA PART I P.O- KHERBARI P.S- AGOMONI DIST- DHUBRI ASSAM PIN-783332 5: HARUNAR RASHID SARKAR S/O- LATE MOHIR UDDIN SARKAR Page No.# 2/7 VILL- SUPARIKUTY. P.O- JHAPUSABARY P.S- AGOMONI DIST- DHUBRI ASSAM PIN-783335 6: JAHIRUL HOQUE S/O-ALIMUDDIN SK VILL- GHARIALDANGA PART III P.O- MAHAMAYAHAT P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 7: AYNAL HOQUE S/O- TAMSER ALI SK VILL- KAIMARI PART VI P.O- KAIMARI P.S- GOLAKGANJ DIST- DHUBRI ASSAM 8: SARASWATI ROY S/O- SUBHENDU SARKAR VILL- KAIMARI PART VI P.O- KAIMARI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 9: BIBHU KUMAR BHAKAT S/O- KHAGENDRA NATH BHAKAT VILL- KAIMARI PART VI P.O- KAIMARI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 10: MECHER ALI MIAH S/O- SABAN ALI VILL- KHERBARI PART I P.O- KHERBARI Page No.# 3/7 P.S- AGOMONI DIST- DHUBRI ASSAM PIN-783335 11: AZIZUR RAHMAN S/O- LATE JENATULLAH MIAH VILL- KHERBARI PART I P.O- KHERBARI P.S- AGOMONI DIST- DHUBRI ASSAM PIN-783335 12: BASIRUDDIN AHMED S/O- AKBAR ALI AHMED VILL- TALLI PART II P.O-BELGURI P.S- AGOMONI DIST- DHUBRI ASSAM PIN-783335 13: RAMANATH ROY S/O- RAJ CHANDRA ROY VILL- KAIMARI PART IV P.O- KAIMARI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 14: PRODIP KUMAR ROY S/O- PUSPA CHANDRA ROY VILL- JHAPUSABARI PART I P.O- JHAPUSABARI P.S- AGOMONI DIST- DHUBRI ASSAM PIN-783335 15: DHARMA NARAYAN ROY S/O- LATE LALJI ROY VILL- CHARAIKHOLA P.O-BISONDAI Page No.# 4/7 P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783334 16: SAMIR CHANDRA KARMAKAR S/O- BIMAL CHANDRA KARMAKAR VILL- BISONDAI PART II P.O-BISONDAI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783334 17: SAIFUR ALI SK S/O- LATE FULBAR ALI SK VILL- BISONDAI PART I P.O-BISONDAI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN-78333 VERSUS THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, (ELEMENTARY), DISPUR, GUWAHATI-06 ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM PIN-783301 5:THE BLOCK ELEMENTARY EDUCATION OFFICER AGOMONI DHUBRI ASSAM Page No.# 5/7 PIN-783335 6:THE BLOCK ELEMENTARY EDUCATION OFFICER GOLAKGANJ DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR. MOSTAFIZUR RAHMAN KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-02-2025 Heard Mr. MR Khandakar, 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 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. PK Borah, learned counsel appears for the respondent Nos. 1, 3 to 6, while Mr. B Gogoi, learned counsel appears for the respondent No. 2. 3. The operative portion of the judgment and order dated 04.10.2024 passed Page No.# 6/7 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 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 Page No.# 7/7 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