Page No.# 1/7 GAHC010040192025 2025:GAU-AS:2058 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1066/2025 ABUAL MAZID SON OF AHATULLA SK, R/O- VILL - BAMUNGAON PT-IV, P.O- SILJARA, P.S KOKRAJHAR, DISTRICT- KOKRAJHAR, ASSAM, PIN- 783348, TUTOR- UTTAR BORKASH L.P SCHOOL, BLOCK- BEEO, KOKRAJHAR 2: NIRMAL CH. MUSHAHARY S/O- ISHAN MUCHAHARY R/O- MAINAOPUR KOKRAJHAR ASSAM PIN-783369 TUTOR MILANJYOTI ME SCHOOL BLOCK BEEO-KOKRAJHAR 2: SRI RANJIT KR NATH SON OF BISTU RAM NATH R/O- VILL GENDRABIL P.O KOKRAJHAR DISTRICT- KOKRAJHAR ASSAM PIN- 783370 TUTOR (SCIENCE) GENDRABIL M.E. SCHOOL BLOCK BEEO KOKRAJHAR. 3: LACHIT KUMAR NATH S/O- LATE JAGEN CHANDRA NATH R/O- BALAJAN TINIALI P.O- HALTUGAON P.S AND DIST-KOKRAJHAR Page No.# 2/7 ASSAM PIN-783370 TUTOR PASCHIM BALAJAN L.P SCHOOL ME SCHOOL BLOCK BEEO-KOKRAJHAR 3: SMTI SUSHMA DEBNATH DAUGHTER OF CHAITANYA DEBNATH R/O- VILL SUBHASH PALLY WARD NO. 3 P.O AND P.S AND DISTRICT KOKRAJHAR ASSAM PIN- 783370 TUTOR BINAPANI L.P SCHOOL BLOCK BEEO KOKRAJHAR. 4: SMTI SIMA HAZARIKA DAUGHTER OF RAHIMULLAH HAZARIKA R/O- VILL AND P.O MAGUR MARI P.S AND DISTRICT KOKRAJHAR ASSAM PIN-783370. TUTOR BINAPANI L.P SCHOOL BLOCK BEEO KOKRAJHAR. 4: SAMSUL UDDIN SHAIKH S/O- MOKBEL HUSSAIN SHEIKH R/O- KURSHAKATII P.S AND DIST-KOKRAJHAR ASSAM PIN-783369 TUTOR UTTAR KURSHAKATI L.P SCHOOL ME SCHOOL BLOCK BEEO-KOKRAJHAR 5: ATOWAR RAHMAN S/O- SEKHAR ALI R/O- BARSHI PART I P.O- LAKHIGUNJ P.S-BILASIPARA AND DIST-DHUBRI ASSAM PIN-783370 Page No.# 3/7 TUTOR PASCHIM BALAJAN L.P SCHOOL ME SCHOOL BLOCK BEEO-KOKRAJHAR 5: SMTI PURNIMA ROY C/O- SATIN ROY R/O- VILL - KAUNIABHASA UJAN PARA KOKRAJHAR DISTRICT KOKRAJHAR ASSAM PIN783369 TUTOR MILANJYOTI M.E SCHOOL BLOCK BEEO KOKRAJHAR 6: SRI SAMBHU CHARAN ROY S/O- GARMAN CHANDRA ROY R/O- VILL KAUNIYA BHASA (MAJPARA) P.O KALIPUKHURI DISTRICT KOKRAJHAR ASSAM PIN- 783369. TUTOR (SCIENCE) MILANJYOTI M.E SCHOOL BLOCK BEEO KOKRAJHAR 6: HEMA RANI BASUMATARY W/O- PHANINDRA BASUMATARY R/O- BALAJAN TINIALI P.O- HALTUGAON P.S AND DIST-KOKRAJHAR ASSAM PIN-783370 TUTOR PASCHIM BALAJAN L.P SCHOOL ME SCHOOL BLOCK BEEO-KOKRAJHAR 7: PRAMOD CHANDRA BRAHMA S/O- LATE GAJENDRA BRAHMA R/O- BANGALDOBA PART I P.O- DABORGAON Page No.# 4/7 P.S AND DIST-KOKRAJHAR ASSAM PIN-783376 TUTOR BANGALDOBA ME SCHOOL BLOCK BEEO-KOKRAJHAR 8: SARAT CHANDRA BRAHMA S/O- LATE RASEN BRAHMA R/O- BANGALDOBA PART I P.O- DABORGAON P.S AND DIST-KOKRAJHAR ASSAM PIN-783376 TUTOR BANGALDOBA ME SCHOOL BLOCK BEEO-KOKRAJHAR 9: SAMARENDRA BORGOYARY S/O- JITEN BORGAYARY R/O- WARD NO-6 MAIBONG NWGWR P.O- DABORGAON P.S AND DIST-KOKRAJHAR ASSAM PIN-783370 TUTOR FUNGKHA ME SCHOOL BLOCK BEEO-KOKRAJHA VERSUS THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6 2:THE SECRETARY Page No.# 5/7 DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR ASSAM PIN-783370 5:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI-06 ASSA Advocate for the Petitioner : MR. M KALITA, MR. N M DAS,MR. J HATIMURIA Advocate for the Respondent : SC, ELEM. EDU, SC, BTC,SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-02-2025 Heard Mr. M Kalita, 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 Page No.# 6/7 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 to 3, Mr. B Choudhury, learned counsel appears for the respondent No. 4 while Mr. B Gogoi, learned counsel appears for the respondent No. 5. 3. On considering the submissions made by Mr. B Choudhury, learned counsel for the respondent No. 4, the Principal Secretary to the Bodoland Territorial Council and Director of Education, Bodoland Territorial Council are impleaded as respondent Nos. 6 & 7. The petitioner shall submit an amended cause-title with the Registry within the course of the day. 4. Mr. B Choudhury, learned counsel accepts notice on behalf of respondent Nos. 6 & 7. 5. 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 Page No.# 7/7 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.” 6. 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