Page No.# 1/11 GAHC010039462025 2025:GAU-AS:2060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1093/2025 ABDUR RAHMAN SK AND ORS S/O- TOWAJ ALI SK, VILL- DARCHOWKA PT. II, P.O- SHILAIRPAR, P.S- KAZIGAON DIST. KOKRAJHAR, ASSAM, PIN- 783331, SCHOOL- SOMER DAIR DARCHOWKA PT. II L.P SCHOOL. 2: DHANANJAY RABHA S/O- LT. BHABENDRA RABHA VILL- MODATI PT.IV P.O- KHOPATI P.S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN - 783339 SCHOOL- PAHARTOLI BIKRIBADA (A) L. P. SCHOOL. 3: JOYNAL ABEDIN SHEIKH (AGE-42 YRS) S/O- KAMAL HOSSAIN SK VILL- KHUTABAGRA PT. II P. O- ALOMGANJ P.S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN- 783339 SCHOOL - KHUTABAGRA PT.II L.P SCHOOL. 4: ABDUL MANNAN SK S/O- LT. HAFIZ SK VILL- KHUTABAGRA PT. I P.O- ALOMGANG P.S- KAZIGAON Page No.# 2/11 DIST. KOKRAJHAR ASSAM 5: NASIR UDDIN SK (AGE - 47 YRS) S/O- ABDUL GAFUR SK VILL- KAZIGAON RAVAPARA P.O. AND P.S. - KAZIGAON DIST. KOKRAJHAR ASSAM PIN- 783339 SCHOOL - PUB SANTIPUR M.E SCHOOL. 6: BADIAR JAMAN TALUKDAR AGE-40 YRS S/0- AMIR JAHAN TALUKDAR VILL- KHUTABAGRA PT. I P.O- ALOMGANJ P.S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN- 783339 SCHOOL- ROMNA L.P SCHOOL. 7: HOSSAIN ALI SK (AGE -50 YRS) S/O- MONIR UDDIN SK VILL- KAZIGAON RABHA PARA P.O- KAZIGAON P.S- KAZIGAON Page No.# 3/11 DIST. KOKRAJHAR ASSAM PIN- 783339 SCHOOL -PUB SANTIPUR M.E SCHOOL. 8: ANOWAR HOSSAIN SHEIKH AGE-54 YR S/0- DOBIR UDDIN SHEIKH VILL- DALGRAM P.O- DEBITOLA P.S-KAZIGAON DIST. KOKRAJHAR ASSAM PIN NO- 783339 SCHOOL-THURIA PAHAR GIRLS L.P. SCHOOL. 9: AOHED ALI SK (AGE 55 YRS) S/O- JAFAR ALI SK VILL- MATIABAG P.O. P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 783331 SCHOOL- SOMER DAIR DARCHOWKA PT.II L.P SCHOOL. 10: AMINA KHATUN (AGE- 49 YRS) W/O- ROSTOM ALI MOLLAH VILL- MATIABAG P.O. AND P.S. GAURIPUR Page No.# 4/11 DIST. DHUBRI ASSAM PIN- 783331 SCHOOL- ALOMGANJ PT.-III L.P SCHOOL. 11: NUROL ISLAM SHEIKH (AGE- 59 YRS) S/O LT. ABDUR RAHMAN MUNSHI VILL- ANGARKATA PT. I P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM PIN- 783349 SCHOOL- DEOKHANKAR PRATHAMIK VIDYALAYA. 12: WAHIDA HAQUE (AGE- 54 YRS) W/O- NOOR HOSSAIN SK VILL- ANGARKATA PT. III P.O. P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM PIN-783349. SCHOOL- 898 NO. MONIPUR 13: HAFIZA KHATUN (AGE- 38 YRS) W/O- ROFIKUL ISLAM VILL- MODATI PT-III P.O- KHOPATI Page No.# 5/11 P.S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN 783339 SCHOOL- ROMNA L.P SCHOOL. 14: RAMJAN ALI SK (AGE- 50 YRS) S/O- DARAZ UDDIN SK VILL- BAROVITA P.O- DEBITOLA P. S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN-783339 SCHOOL - MATIBHANGA MAINUDDIN MEMORIAL L.P. SCHOOL. 15: SAHJAHAN AHMED (AGE- 50 YRS) S/O- LT. MOHAMMED ALI VILL- KAUNIABHASA UJANPARA P.O- KALI PUKHURI P.S- SALAKATI DIST. KOKRAJHAR ASSAM PIN- 783369 SCHOOL- MILONJYOTI M.E SCHOOL. 16: ASMAT ALI SHEIKH (AGE- 56 YRS) S/O- LT. LALMIAH SHEIKH Page No.# 6/11 VILL- KAUNIABHASA MILMILIPARA P.O- KALIPUKHURI P.S- SALAKATI DIST. KOKRAJHAR ASSAM PIN- 783369 SCHOOL- KAUNIABHASA MILMILIPARA L. P SCHOOL. 17: PRABHAT CH. NATH (AGE- 54 YRS) S/O- ANADI RAM NATH VILL- ANTHAIBARI P.O- HALOADAL P.S- BALAJAN DIST. KOKRAJHAR ASSAM PIN- 783370 SCHOOL- HALOADAL M.E SCHOOL. 18: ISTESWARI ROY (AGE- 54 YRS) W/O- SANI RAM NATH VILL- BALAJAN TINALI P.O- HOLTUGAON P.S- BALAJAN DIST. KOKRAJHAR ASSAM PIN- 783370 SCHOOL- FUNGKHA M.E SCHOOL. 19: ABDUL BARIK MOLLAH (AGE- 58 YRS) Page No.# 7/11 S/O- RAMJAN ALI VILL- LALMATI PT. II P. O- JALABILA P. S- BAGRIBARI DIST. KOKRAJHAR ASSAM PIN- 783348 SCHOOL- ABUL KALAM AZAD MEMORIAL LP SCHOOL. 20: JESMINA KHATUN (AGE- 57 YRS) W/O- ABDUL BARIK MOLLAH VILL- LALMATI PT. II P. O- JALABILA P.S- BAGRIBARI DIST. KOKRAJHAR ASSAM PIN- 783348 SCHOOL- ABUL KALAM AZAD MEMORIAL L.P SCHOOL. 21: AMINUR ISLAM TALUKDAR S/O- ISMAIL HOSEN TALUKDAR VILL- THURIAPAHAR P.O- ALOMGANJ P. S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN- 783339 Page No.# 8/11 22: MOFIZUR ISLAM (AGE-56 YRS) S/O- AKBAR ALI VILL- KAZIGAON RAVAPARA P.O. AND P.S. KAZIGAON DIST. KOKRAJHAR ASSAM PIN- 783339 SCHOOL- PUB SANTIPUR L.P SCHOOL. 23: MIZANUR RAHMAN (AGE- 43 YRS) S/0- DARAZ UDDIN SK VILL- BAROVITA P.O- DEBITOLA P.S- KAZIGAON DIST. KOKRAJHAR ASSAM PIN-783339 SCHOOL- MALIBHANGA MAINUDDIN MEMORIAL L.P SCHOOL VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI - 781006. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI - 781006. 3:THE DIRECTOR OF ELEMENTARY EDUCATION Page No.# 9/11 ASSAM KAHILIPARA GUWAHATI -781019. 4:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM PIN NO. 783370. 5:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR ASSAM PIN NO. 783370. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) KOKRAJHAR ASSAM PIN NO. 783370 Advocate for the Petitioner : , M BEGUM,MD H R AHMED Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,SC, BTC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-02-2025 Heard Mr. HR Ahmed, 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 Page No.# 10/11 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, Mr. B Choudhury, learned counsel appears for the respondent Nos. 4, 5 & 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 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 Page No.# 11/11 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 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