Page No.# 1/10 GAHC010049912025 2025:GAU-AS:2918 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1495/2025 GANESH CHANDRA ROY AND 37 ORS. S/O LATE DHARANIDHAR ROY, VILL- PUB BARALA, P.O.- GOLIBANDHA, DIST- BAJALI, ASSAM 2: DHANJIT MEDHI S/O LOHIT CH. MEDHI VILL- BALAPARA P.O.- GOLIBANDHA DIST- BAJALI ASSAM 3: ACHYUT CHANDRA ROY S/O LT. MANIK CHANDRA ROY VILL- NIZ- SALDAH P.O.- GOLIBANDHA DIST- BAJALI ASSAM 4: KULEN BHUYAN S/OLATE DILIP BHUYAN VILL AND P.O.- SARTHEBARI P.S.- SARTHEBARI DIST- BARPETA ASSAM 5: DIMBESHWAR DAS S/O LATE BANDHU RAM DAS VILL- RAMPUR P.O.- RAMPUR (DEKAPARA) DIST- BARPETA ASSAM 6: MAHADEV MANDAL S/O DASARATH MANDAL Page No.# 2/10 VILL- ERARTARY P.O.- ERA- BAMUNDI DIST- BARPETA ASSAM 7: SUDHIR CHANDRA ROY S/O CHANMOHAN ROY VILL- BAMUNDI P.O.- ERA BAMUNDI DIST- BARPETA ASSAM 8: RANJAN SARKAR S/O NANIGOPAL SARKAR VILL- KAWAIMARI BLOCK NO. 8 P.O.- KARAGARI P.S.- SARTHEBARI DIST- BARPETA ASSAM 9: KALICHARAN DEKA S/O LATE MAHENDRA DEKA VILL SARTHEBARI WARD NO. 6 P.O AND P.S.- SARTHEBARI DIST- BARPETA ASSAM 10: RAMESH CHANDRA SARKAR S/O- LATE PALAN SARKAR VILL- KURIHARPAM P.O- ERA- BAMUNDI PS- SARTHEBARI DIST- BARPETA ASSAM 11: KAMAKHYA SARKAR S/O- LT SHAMBHU CHARAN SARKAR VILL- KURIHARPAM PS- SARTHEBARI DIST.- BARPETA ASSAM 12: MD RAMEZ UDDIN S/O-LATE RUHUL AMIN VILL-PITHADI PAM PO-NALI GAON PS- SAFTHEBARI Page No.# 3/10 DIST-BARPETA ASSAM 13: RAKIBUL ISLAM S/O-MUZAFAR ALI VILL-PITHADI PAM PO-NALI GAON PS- SARTHEBARI DIST-BARPETA ASSAM 14: SANJOY KUMAR SARKAR S/O-LATE ANATH BANDHU SARKAR VILL-DOMANI PO-KHAIRABARI PS- BARPETA ROAD DIST-BARPETA ASSAM 15: INNAS ALI AHMED S/O- ABDUL KHALEQUE VILL- NICHUKA PO AND PS- BARPETA ROAD DIST- BARPETA ASSAM 16: AZIM UDDIN S/O-LATE SUKUR ALI VILL-CHANDANPUR PO- BARGHOL PS- KACHUMARA DIST- BARPETA ASSAM 17: NURUL ISLAM S/O-JALAL UDDIN VILL-ATA PO-SARUTAPA PS- BARPETA DIST-BARPETA ASSAM 18: MD SAIDUL ISLAM S/O-FAZAL HOQUE VILL-DHANBANDHA PO-SONKUCHI DIST-BARPETA ASSAM Page No.# 4/10 19: MD KHAIRUL ISLAM S/O- NUR ISLAM VILL AND PO-GAREMARI PS- BARPETA DIST-BARPETA ASSAM 20: AYESHA KHATUN W/O- SALIM UDDIN VILL- ATA GAON PO- SARUTAPA DIST-BARPETA ASSAM 21: IMAM HUSSAIN S/O-ABDULGANI VILL-TATIKUCHI PO-RADHAKUCHI DIST-BARPETA ASSAM 22: MD ANOWAR ISLAM S/O- SHAPIT UDDIN VILL- PITHADI PAM P.O- NALI GAON DIST- BARPETA ASSAM 23: JURAN ALI AHMED S/O- ANSER ALI VILL- PITHADI PAM P.O- NALI GAON DIST- BARPETA ASSAM 24: ABUL KALAM AZAD S/O- DARAG ALI VILL- ATA GAON P.O- SARUTAPA DIST- BARPETA ASSAM 25: RAHIZ UDDIN AHMED S/O- LATE MD. INTAZ ALI VILL- HATIRTARI P.O- CHAPARBORI DIST- BARPETA Page No.# 5/10 ASSAM 26: NABIBAR RAHMAN C/O- ABDUL GAFUR VILL- KAYAKUCHI GAON P.O- NALIGAON DIST- BARPETA ASSAM 27: MD HAKIM ALI S/O- LATE ABDUL RAHMAN VILL- HATIR TARI P.O- CHAPARBORI DIST- BARPETA ASSAM 28: TABIBAR RAHMAN S/O- LATE ABDUL GAFUR VILL- KAYAKUCHI GAON P.O- NALI GAON DIST- BARPETA ASSAM 29: ABDUL KARIM S/O- LATE AKBAR ALI VILL- FINGUA P.O- CHAPARBORI DIST.- BARPETA ASSAM 30: NURJAMAL ALI S/O- SAHAR ALI VILL- MAILKUCHI P.O- DHAKUA DIST- BARPETA ASSAM 31: AMZAD ALI S/O- LATE ELIM UDDIN MIA VILL- GAHER PAM P.O- KEOTKUCHI DIST- BARPETA ASSAM 32: NABIAR RAHMAN S/O- LATE JAFUR ALI VILL- MAILKUCHI P.O- DHAKUA Page No.# 6/10 DIST- BARPETA ASSAM 33: JAMIR UDDIN BHUYAN S/O- SHOMEZ UDDIN BHUYAN VILL- MAILKUCHI P.O- DHAKUA DIST- BARPETA ASSAM 34: OSMAN GONI S/O- AFZAL ALI VILL- GAREMARI PATHAR PO- PALHAJI DIST- BARPETA ASSAM 35: MD SULTAN ALI S/O- MD. HASHMAT ALI VILL- DHANBANDHA P.O- SONKUCHI DIST- BARPETA ASSAM 36: JYOTI REKHA BORA C/O- KANAK DEKA VILL- KAHARPARA (BECHAMARI) P.O-AMDAH PS- SARTHEBARI DIST- BARPETA ASSAM 37: MANOJ KR BARMAN S/O- LT. HARENDRAN BARMAN VILL- SARTHEBARI WARD NO. 3 PO AND PS- SARTHEBARI DIST- BARPETA ASSAM 38: SAILEN KALITA S/O-LATE DEHIRAM KALITA VILL -KAWAIMARI BLOCK NO.2 PO-GOLIBANDHA PS- SARTHEBARI DIST-BAJALI ASSA VERSUS Page No.# 7/10 THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER BARPETA ELEMENTARY EDUCATION BLOCK BARPETA ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BHAWANIPUR ELEMENTARY EDUCATION BLOCK BARPETA ASSAM 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BAJALI ELEMENTARY EDUCATION BLOCK BARPETA ASSAM 7:THE BLOCK ELEMENTARY EDUCATION OFFICER RUPSI ELEMENTARY EDUCATION BLOCK BARPETA ASSA Advocate for the Petitioner : MR. A R BHUYAN, MR S PRODHANI,MR Z RAHMAN,MR T T MONI,MR. A M KHAN Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19-03-2025 Heard Mr. AR Bhuyan, learned counsel for the petitioners, who submits Page No.# 8/10 that the petitioners are serving as Tutors in various Elementary Schools in the State of Assam and they are presently receiving fixed monthly salary. The petitioners’ prayer is for a direction to be issued to the respondents to grant them regular pay scale, as per the judgment and order dated 04.10.2024 passed in a series of writ petitions, the lead case being WP(C) 2729/2019. He accordingly submits that the present case being a covered case, the same should be disposed of in terms of paragraph 179 of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019. 2. Mr. PK Borah, learned counsel for all the respondents submits that he has got no objection with the prayer made by the petitioners’ counsel, in view of the fact that this is a covered case. 3. The only issue that has to be decided is as to whether the case of the petitioners herein is covered by the judgment and order passed in WP(C) 2729/2019. The prima facie view of this Court is that the case of the petitioners herein and the case of the petitioners in WP(C) 2729/2019 appears to be similar. However, to enable the State respondents to make a verification, with regard to whether the case of the petitioners herein is similar to the case of the petitioners in WP(C) 2729/2019, the State respondents are given time to verify the order/s dated 05.02.2021, by which the service of the petitioners have been provincialised as Tutors. 4. The above being said, paragraph-179 of the judgment and order passed in WP(C) 2729/2019 is reproduced hereinbelow, 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 Page No.# 9/10 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.” 5. Accordingly, the State respondents shall make a verification of the provincialisation orders of the petitioners and if they find that the petitioners’ case and the case of the petitioners in WP(C) 2729/2019 is the same, the directions passed in paragraph-179 of the judgment and order dated 04.10.2024 passed in WP(C) 2729/2019 shall also be made applicable to the petitioners. The entire exercise should be concluded within a period of 6 (six) months from the date of receipt of a certified copy of this order. Page No.# 10/10 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant