Page No.# 1/10 GAHC010039742019 2025:GAU-AS:9366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1816/2019 1.NEWLY PROVINCIALISED ELEMENTARY (L.P. AND U.P.) TEACHERS ASSOCIATION, ASSAM ,REP. BY ITS PRESIDENT, NAMELY SRI LAKHESWAR SAIKIA, R/O- SIX MILE, VIP ROAD, GUWAHATI-22, DIST.- KAMRUP (M), ASSAM. 2: SRI LAKHESWAR SAIKIA S/O- LATE BHOIRAB SAIKIA R/O-VILL.- NO. 1 SINGIA P.O.- JARABARI DIST.- LAKHIMPUR ASSAM -VERSUS- 1.THE STATE OF ASSAM AND 6 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (B) DEPARTMENT DISPUR GUWAHATI-6. 5:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 6:THE DIRECTOR ELEMENTARY EDUCATION BTC KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BATD ASSAM PIN- 783370. Page No.# 2/10 7:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-6 Linked Case : WP(C)/9213/2019 1.DHARMA NARAYAN NATH AND 44 ORS. S/O- LT. SURENDRA MOHAN NATH R/O- KARIPARA P.O. CHAKLA DIST. GOALPARA (ASSAM) PIN- 783125. 2: INDRA MOHAN ROY S/O- LT. UPENDRA ROY R/O- MATIA P.O.- MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 3: APURBA KUMAR DAS S/O- LT. BHOGESWAR DAS R/O- MATIA P.O.- MATIA DIST.- GOALPARA PIN- 783125. 4: DAMBARUDHAR BAISHYA S/O- SWARAT CHANDRA BAISHYA R/O- MATIA P.O.- MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 5: MONIR UDDIN AHMED S/O- RUHUL AMIN R/O- SARAPARA P.O.- CHAKLA DIST. GOALPARA PIN- 783125. 6: ANJALI RAJBONGSHI S/O- HEMENDRA CHANDRA ROY R/O- MATIA P.O.- MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 7: NIL KAMAL NATH S/O- LT. BHABEN CHANDRA NATH R/O- DOMANI P.O.- MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 8: KHANIN BARMAN S/O- LT. GAJENDRA BARMAN R/O- MATIA P.O.- MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. Page No.# 3/10 9: GOLOR RAHMAN S/O- LT. ABDUL MAZID R/O- MAJORGAON P.O.- SUTRAPARA DIST.- GOALPARA (ASSAM) PIN- 783125. 10: KANDARPA KUMAR SAUD S/O- LT. KARUNA KANTA SAUD R/O- MATIA P.O. MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 11: PARIMAL ROY S/O- LT. NARENDRA CHANDRA ROY R/O- MATIA P.O. MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 12: ABDUL HASEN ALI S/O- SABED ALI SARKAR R/O- SUTERPARA P.O. MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 13: NOBIR HUSSAIN FAKIR S/O- MOKBUL HUSSAIN FAKIR R/O- NABAGATA SIMILITALA P.O. SIMILITOLA P.S.- MATIA DIST. GOALPARA PIN- 7831630. 14: SATTAR ALI AHMED S/O- LT ABED ALI R/O 3 NO. BAGHMAR CHAR P.O. BAGHMAR CHAR DIST.- BORPETA PIN- 781127. 15: KAJI MOTIUR ROHMAN ANSARI S/O- MOULVI AFSARUDDIN R/O- NAITOR KHAMARI P.O. NAGARBERA P.S. BAGARBERA DIST.- KAMRUP (URBAN) PIN- 781127. 16: MD. BILAT ALI S/O- SABERUDDIN SHEKH R/O- GARU PORA TARI P.O. SUTARPARA DIST. GOALPARA PIN- 783125. 17: BHABESH CHAKRAVARTY S/O- MANINDRA NATH CHAKRAVARTY R/O- KADAMTOLA P.O. DALGOMA DIST. GOALPARA PIN- 783125. 18: BHOLANTI SHEIKH S/O- ABBAS UDDIN DEWANI Page No.# 4/10 R/O- POKALAGI (MAJOR GAON) P.O. SUTAR PARA DIST. GOALPARA PIN- 783125. 19: ABDUR RAHMAN S/O NIDI MUCHI R/O- SULAR PARA P.O. SULAR PARA DIST. GOALPARA PIN- 783125. 20: MONSUR AHMED S/O- MUNSHI SAFAR ALI R/O- SINGRAMARI P.O. BOHATI P.S. MATIA DIST. GOALPARA PIN- 783125. 21: PRADYUMNA KUMAR NATH S/O- LT. ABANI KUMAR NATH R/O- FAFANGA PT. 2 P.O. BALBALA P.S. AGIA DIST. GOALPARA PIN- 783120. 22: SAMSUL HOQUE AHMED S/O- LT. AMIRUDDIN AHMED R/O- SARDERPARA P.O./ P.S. KRISHNAI DIST. GOALPARA PIN- 783125. 23: BHUBANESWAR NATH S/O- LT. GANDORAM NATH R/O- BAKAITARI P.O. BAKAITARI P.S. MATIA DIST. GOALPARA PIN- 783125. 24: NURHUSSAIN SHEIKH S/O LT. MAHIMUDDIN SHEIKH R/O- VILL. KOKIRA PT. 2 P.O. BALBALA P.S. AGIA DIST. GOALPARA PIN-783120. 25: BISWANATH PAUL S/O LT. MADHUSUDAN PAUL R/O BAPUPARA P.O./ P.S. AGIA DIST. GOALPARA PIN- 783120. 26: ANIRUDHA NATH S/O LT. GUNAVI RAM NATH R/O- BAKAITARI P.S. MATIA DIST. GOALPARA PIN- 783125. 27: BIPUL SARMA S/O SRI KAMADA NATH SARMA R/O- BANGALIKUCHI P.S./ P.O. RANGIA DIST. KAMRUP(R) PIN- 781354. Page No.# 5/10 28: RANA RAM RABHA S/O LT. DINESH CH. RABHA R/O- BODAHAPUR P.S. AGIA DIST. GOALPARA PIN- 783120. 29: RANJIT KUMAR RABHA S/O- LT. NAJIB KR. RABHA R/O- BODAHAPUR P.S. AGIA DIST. GOALPARA PIN- 783120. 30: NAKUL KARMAKAR S/O- LT. RAMESH KARMAKAR R/O- KARMAKAR PARA P.S. KRISHNAI DIST. GOALPARA PIN- 783126. 31: JAFORUDDIN AHMED S/O- LT. ABDUL RAHIM R/O- KHARIJA MANIKPUR P.O. KRISHNAI DIST. GOALPARA PIN- 783126. 32: MEHBUB ALI AHMED S/O- LT. ABDUL MAZID R/O- MANIK PUR P.O. KRISHNAI DIST. GOALPARA PIN- 783126. 33: NUR UDDIN AHMED S/O- LT. TASIMUDDIN AHMED R/O- SAKOMARI P.O. KARISHNAI DIST. GOALPARA PIN- 783126. 34: MOZUDUL ISLAM S/O- SUKUR MAMUD R/O- SAKOMARI P.O. KRISHNAI DIST. GOALPARA PIN- 783126. 35: TIKEN CHOUDHURY S/O- LT. BHABENDRA NR. CHOUDHURY R/O- KHORIAPARA P.O. DHAIGAON DIST. GOALPARA PIN- 783126. 36: HAZARAT ALI S/O- LT. KHALILUR RAHMAN R/O MAJOR GAON P.O. SUTERPARA DIST. GOALPARA PIN- 783125. 37: ABDUL MALEK S/O- LT. SIRAJUL HOQUE R/O- SIALI P.O. KRISHNAI Page No.# 6/10 DIST. GOALPARA PIN- 783126. 38: BINOY GHOSH S/O- LT. NARAYAN CH GHOSH R/O MOLANDUBI P.O.- KRISHNAI DIST. GOALPARA PIN- 783126. 39: ASOK MACHARY S/O- LT. RAMESWAR MACHARY R/O- SIMLAPARA P.O. DHAIGAON DIST. GOALPARA PIN- 783126. 40: DILIP KHAKHALARY S/O- LT. ROBILOCHAN KHAKLARY R/O- DUMNIPARA P.O.- DHAIGAON DIST. GOALPARA PIN- 783126. 41: RANJIT DAS S/O- JAGADISH DAS R/O- FAFANGA P.O. BALBOLA P.S. AGIA DIST. GOALPARA PIN- 783120. 42: TIRTHANATH RABHA S/O DASHARATH RABHA R/O- BORDAK P.O. SUARMARI P.S. AGIA DIST. GOALPARA PIN- 783120. 43: UMESH CH. RABHA S/O- ALIDAN RABHA R/O- HATIGAON P.O. SUARMARI P.S. AGIA DIST. GOALPARA PIN- 783120. 44: NAMAL CH. RABHA S/O- HEMEN CH. RABHA R/O- HATIGAON P.O. SUARMARI P.S. AGIA DIST. GOALPARA PIN- 783120. 45: SURJYA KR. RABHA S/O- KSHIRAD CH. RABHA R/O- MEGHADAM P.O. SUARMARI P.S. AGIA DIST. GOALPARA PIN- 783120. - VERSUS- 1.THE STATE OF ASSAM AND 6 ORS. REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-06. Page No.# 7/10 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GHY.-06. 3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPTT. DISPUR GHY.-06. 4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE (B) DEPTT. DISPUR GHY.-06. 5:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY.-19. 6:THE DIRECTOR OF PENSION ASSAM, HOUSEFED COMPLEX GHY.-06. 7:THE INSPECTOR OF SCHOOLS, GOALPARA DISTRICT CIRCLE, GOALPARA ASSAM. For the Petitioner(s) : Mr. M. Dutta, Advocate. For the Respondent(s) : Mr. R. Mazumdar, Standing Counsel, Education Department. : Ms. R.B. Bora, Standing Counsel, BTC. : Mr. P. Saikia, Government Advocate, Assam. – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA 22.07.2025 (Ashutosh Kumar, CJ) Both the writ petitions are being disposed of by this common order. 2. We have heard Mr. M. Dutta, learned Advocate for the writ petitioners and Mr. R. Mazumdar, learned Standing Counsel, Education Department; Ms. R.B. Bora, learned Standing Counsel, BTC and Mr. P. Saikia, learned Government Advocate, Assam appearing for the respondents. 3. The issues involved in these two petitions are that after the Page No.# 8/10 provincialisation of the services of the writ petitioners, they have been subjected to the terms and conditions, which have been enumerated in the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (hereinafter referred to as the “Act of 2017”), which provides that after the provincialisation, the employees would be treated as fresh appointees, who cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and, in respect of pension, they would be governed by the New Pension Scheme applicable to the State Government Teachers of the corresponding rank. 4. It would only be appropriate to state here that the New Pension Scheme is applicable to the State Government Teachers. 5. The contention on behalf of the writ petitioners is that this term and condition of the service after provincialization is highly discriminatory as it is not being enforced in other Departments where provincialisation has taken place. The petitioners are similarly situated persons and have rendered long years of service before provincialisation, leaving with them only few years of service in future and, in case they are subjected to the New Pension Policy, which is contributory, perhaps, the pensionable amount would be very meager. That apart, the argument advanced on behalf of the writ petitioners is that “employee” has been defined under the Act of 2017, which includes all serving teachers and tutors of Venture Educational Institutions who have been appointed and joined in the concerned Venture Educational Institutions before the 1st day of January, 2011 and whose services are being, or would be provincialised under the Act. Similarly, “provincialisation” under the Act of 2017 means taking over Page No.# 9/10 the liabilities for payment of salaries, including dearness allowance, medical allowances and such other allowances to the teachers/tutors, as admissible to the Government servants of the similar category, and gratuity, pension, leave encashment, etc., as admissible under the existing Rules to the Government servants serving under the Government of Assam. It has been urged, therefore, that if provincialisation of service means the shifting of the liability of payment of salaries including pension, then perhaps, the past services ought to have been counted, for the legislation, which is primarily in the domain of service legislation, to be called welfare oriented. 6. The concern of the petitioners is that even though Section 8(2) of the Act of 2017 talks about shifting of the responsibility of payment of salaries and post-retiral dues of the teachers, who are provincialised, as if they are fresh appointees but a correct interpretation would be that they are no fresh appointees; rather they fall in the category of Government servants after provincialisation. 7. Both the grounds, namely, of hardship and of interpreting whether provincialised employees are fresh appointees, entitled for counting of the services rendered by them in the past, do not appeal to us. 8. The provision contained under the Act of 2017 with regard to terms and conditions of the service of Government Teachers, specially of those who were in Venture Educational Organizations, who have been provincialized and which Act has not been questioned on grounds of competence of the State Legislature to enact such a piece of legislation, and there being nothing arbitrary in the Act, the challenge to the constitutionality of Section 8(2) of the Page No.# 10/10 Act of 2017 is unwarranted and not sustainable. 9. For the afore-noted reasons, we do not find any reason to entertain these two writ petitions, which are dismissed. JUDGE CHIEF JUSTICE Comparing Assistant