Page No.# 1/14 GAHC010126572017 2026:GAU-AS:2383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/193/2017 SALIM AHMED CHOUDHURY and 21 ORS. S/O- ABDUL MASABIR CHOUDHURY, R/O- LAKSHMI CHARAN ROAD, WARD NO. 5, P.O- KARIMGANJ, ASSAM 2: SRI SUDHANGSHU SUKLABAIDYA ASSTT. TEACHER 978 NO. RAHATPUR LP SCHOOL DIST- KARIMGANJ ASSAM 3: SMTI NAZMA BEGUM CHOUDHURY ASSTT. TEACHER 978 NO. RAHATPUR LP SCHOOL DIST- KARIMGANJ ASSAM 4: SMTI AFIA BEGUM ASSTT. TEACHER 853 NO. NAYAGRAM LP SCHOOL DIST- KARIMGANJ ASSAM 5: SMTI SUDIPTA DAS ASSTT. TEACHER 536 NO. DUKSHIN LAMAJUAR LP SCHOOL DIST- KARIMGANJ ASSAM 6: SHAHARA KHANAM@ SUHANA KHANAM ASSTT. TEACHER 819 NO. NIZKANKALASH LP SCHOOL DIST- KARIMGANJ ASSAM Page No.# 2/14 7: SRI RANJIT ROY ASSTT. TEACHER 615 NO. DHARGARBOND LP SCHOOL DIST- KARIMGANJ ASSAM 8: SRI RAJIB NATH ASSTT. TEACHER 615 NO. DHARGARBOND LP SCHOOL DIST- KARIMGANJ ASSAM 9: MD NAZRUL ISLAM CHOUDHURY ASSTT. TEACHER 526 NO. BARANTAR LP SCHOOL DIST- KARIMGANJ ASSAM 10: KHAIRUL ALOM CHOUDHURY ASSTT. TEACHER 110 NO. SHARIFNAGAR LP SCHOOL DIST- KARIMGANJ ASSAM 11: SRI DEBOJYOTI DAS ASSTT. TEACHER 1230 NO. LALCHERRA JANATA LP SCHOOL DIST- KARIMGANJ ASSAM 12: ABDUL KALAM AZAD @ ABDUL KALAM MOHMUD ASSTT. TEACHER 424 NO. BASUDEB LP SCHOOL DIST- KARIMGANJ ASSAM 13: HENA BEGUM CHOUDHURY ASSTT. TEACHER 574 NO. DEBIGARH LP SCHOOL DIST- KARIMGANJ ASSAM 14: SMTI KULCHUMA BEGUM CHOUDHURY ASSTT. TEACHER 1275 NO. SHEROGRAM LP SCHOOL DIST- KARIMGANJ ASSAM Page No.# 3/14 15: MD JAMAL UDDIN ASSTT. TEACHER 79 NO. DIGHALBAGH LP SCHOOL DIST- KARIMGANJ ASSAM 16: MD. NABIBUR RAHMAN ASSTT. TEACHER 877 NO. ITAKHALA LP SCHOOL DIST- KARIMGANJ ASSAM 17: SRI BAHAR UDDIN CHOUDHURY ASSTT. TEACHER 897 NO. JAGANNATHPUR LP SCHOOL DIST- KARIMGANJ ASSAM 18: SRI GIRISH CHAKRABORTY ASSTT. TEACHER 454 NO. DAMCHERRA LP SCHOOL DIST- KARIMGANJ ASSAM 19: SMTI MEENA PAUL ASSTT. TEACHER 1076 NO. UTTAR BAK LP SCHOOL DIST- KARIMGANJ ASSAM 20: SMTI SUPTI CHAKRABORTY ASSTT. TEACHER 809 NO. NAYANGRAM LP SCHOOL DIST- KARIMGANJ ASSAM 21: SMTI KHAJUR BIBI ASSTT. TEACHER 511 NO. NASLY MIRZAPUR LP SCHOOL DIST- KARIMGANJ ASSAM 22: SMTI FARIDA JASMIN ASSTT. TEACHER 167 NO. SINGARIA LP SCHOOL DIST- KARIMGANJ ASSA Page No.# 4/14 VERSUS PREETOM SAIKIA and 4 ORS. COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, ELEMENTARY EDUCATION DEPT. DISPUR, GUWAHATI- 6 2:DR. RAVI KOTA COMMISSIONER FINANCE DEPTT. GOVT OF ASSAM DISPUR GHY-6 3:SRI S K BHUYAN DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 4:SUNIL KUMAR SARMA DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ P.O P.S AND DIST- KARIMGANJ ASSAM 5:BIRAJ KUMAR PATHAK TREASURY OFFICER KARIMGANJ TREASURY P.O P.S AND DIST- KARIMGANJ ASSAM-78871 Advocate for the Petitioner : MR.K KALITA, MR.I H SAIKIA,MS.S KANUNGOE Advocate for the Respondent : MR.P NAYAKR-5, MS.S KONWAR(R-3),MR.B GOGOI(R-5),MR.D SAIKIA(Sr.Adv., R-3)(R-1),MR.A DEKA(R-5),MS.A VERMA(R-2),MS.S KHANIKAR(R-2),MR.B TALUKDAR(R-1),MS U DAS(R-2),MR.N SARMA(R-3) Linked Case : Cont.Cas(C)/191/2017 SADIQUE AHMED and 19 ORS. S/O ABDUL MATIN Page No.# 5/14 R/O LAKSHMI CHARAN ROAD WARD NO.5 P.O. KARIMGANJ DIST. KARIMGANJ ASSAM 2: SRI ARIJIT DAS ASSTT TEACHER 1016 NO KAYATPUR L.P. SCHOOL DIST. KARIMGANJ ASSAM 3: SRI GIAS UDDIN CHOUDHURY ASSTT. TEACHER 955 NO. SRIRAMPUR TRIBAL L.P. SCHOOL DIST. KARIMGANJ ASSAM 4: SRI KABIR AHMED ASSTT. TEACHER 358 NO. LALARCHAK L.P. SCHOOL DIST. KARIMGANJ ASSAM 5: SMTI JANNATUN NISSA ASSTT. TEACHER 1085 NO. WEST KURIKALA L.P. SCHOOL DIST. KARIMGANJ ASSAM 6: SMTI MINAKSHI CHAKRABORTY ASSTT. TEACHER 142 NO. VITARGOOK MAKTAB DIST. KARIMGANJ ASSAM 7: SMTI RAHALA KHANAM ASSTT. TEACHER 963 NO HAZPUR L.P. SCHOOL DIST KARIMGANJ ASSAM 8: MD. ALA UDDIN ASSTT. TEACHER 70 NO BARSHILLA L.P. SCHOOL DIST KARIMGANJ ASSAM 9: MD ABDUL KADIR ASSTT. TEACHER 1085 NO KURIKHALA L.P. SCHOOL DIST KARIMGANJ ASSAM Page No.# 6/14 10: JASMIN CHOUDHURY ASSTT. TEACHER 1259 NO BINNAKANDI L.P. SCHOOL DIST KARIMGANJ ASSAM 11: MD JOYNAL ABEDIN ASSTT. TEACHER 1128 NO MALIZIRI L.P. SCHOOL DIST KARIMGANJ ASSAM 12: MD. AZAD UDDIN ASSTT. TEACHER 800 NO KHUDIMARA L.P. SCHOOL DIST KARIMGANJ ASSAM 13: MD. MUSHARAF AHMED ASSTT. TEACHER 684 NO PURAHURIA L.P. SCHOOL DIST KARIMGANJ ASSAM 14: SMTI RUPASHRI DAS ASSTT. TEACHER 219 NO UTTAR SRI GOURI L.P. SCHOOL DIST KARIMGANJ ASSAM 15: SRI ABDUL MUNIM CHOUDHURY ASSTT. TEACHER ARUANGABAD L.P. SCHOOL DIST KARIMGANJ ASSAM 16: SMTI RITA DAS ASSTT. TEACHER 76 NO KANKALASH MODELS L.P. SCHOOL DIST KARIMGANJ ASSAM 17: SRI SAHTADEEP CHAKRABORTY ASSTT. TEACHER 866 NO GOMBIRA BASTI L.P. SCHOOL DIST. KARIMGANJ ASSAM 18: SRI MOINUL HAQUE ASSTT. TEACHER 47 NO. BASHKATILLA L.P. SCHOOL DIST. KARIMGANJ ASSAM Page No.# 7/14 19: SRI RUPENDU DEB ASSTT TEACHER 866 NO GOOMBIRA BASTI L.P. SCHOOL DIST KARIMGANJ ASSAM 20: SMTI KALPASRI DHAR ASSTT. TEACHER 866 NO GOOMBIRA BASTI L.P. SCHOOL DIST. KARIMGANJ ASSAM VERSUS PREETOM SAIKIA and 4 ORS. COMMISSIONER and SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6 2:DR. RAVI KOTA COMMISSIONER FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY-6 3:SRI S.K. BHUYAN DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:SUNIL KUMAR SARMA DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ PO PS DIST KARIMGANJ ASSA-788710 5:BIRAJ KUMAR PATHAK TREASURY OFFICER KARIMGANJ TREASURY PO PS and DIST.-KARIMGANJ ASSAM-788710 ------------ Advocate for : MR.I H SAIKIA Page No.# 8/14 Advocate for : MR.A DEKAR-5R-1 appearing for PREETOM SAIKIA and 4 ORS. Linked Case : Cont.Cas(C)/188/2017 SIKHA DAS GUPTA ROY and 23 ORS. W/O- SUMALAY DAS GUPTA R/O- VILL- LAKSHMI CHARAN ROAD P.O- KARIMGANJ DIST- KARIMGANJ ASSAM 2: SRI SHRISENDU SHEE ASSTT. TEACHER KANKANBASTI LP SCHOOL DIST- KARIMGANJ ASSAM 3: SRI RAJ SEKHAR DEB ASSTT. TEACHER 198 LAMAPUR SINGARIA L P SCHOOL DIST- KARIMGANJ ASSAM 4: SMTI. ARPITA DAS ASSTT. TEACHER 901 KRISHNAPUR L.P SCHOOL DIST- KARIMGANJ ASSAM 5: SRI ASHIM BHATTACHARJEE ASSTT. TEACHER 1097 NUNIABASTI LP SCHOOL DIST- KARIMGANJ ASSAM 6: SRI KAMALESH KAR ASSTT. TEACHER 912 NO. BAGHMONI TRIBAL LP SCHOOL DIST- KARIMGANJ ASSAM 7: SRI SANJOY KUMAR PAL @ SANJOY KUMAR DAS ASSTT. TEACHER Page No.# 9/14 913 NO. HARI NARAYAN LP SCHOOL DIST- KARIMGANJ ASSAM 8: SRI RUPAK DEB ASSTT. TEACHER 774 NO. SUBARNASINGH LP SCHOOL DIST- KARIMGANJ ASSAM 9: SRI SUBRATA SEKHAR DAS ASSTT. TEACHER 955 NO. SRIRAMPUR TRIBAL LP SCHOOL DIST- KARIMGANJ ASSAM 10: SMTI SUPARNA PAUL ASSTT. TEACHER 1265 NO. JOYNAPURI LP SCHOOL DIST- KARIMGANJ ASSAM 11: SRI SOUMITRA DEB ROY @ SUMITRA DEB ROY ASSTT. TEACHER 35 NO. SINGARIA LP SCHOOL DIST- KARIMGANJ ASSAM 12: SMTI. ANJANA GUPTASINHA ASSTT. TEACHER 1230 NO. LALCHERRA JANATA LP SCHOOL DIST- KARIMGANJ ASSAM 13: SRI RAHUL DEB ASSTT. TEACHER 481 NO. SATHKORAGOOL LP SCHOOL DIST KARIMGANJ ASSAM 14: SRI KAMALA KANTI BAISNAB ASSTT. TEACHER 912 NO.BAGHMONI TRIBAL LP SCHOOL DIST- KARIMGANJ ASSAM 15: SRI SANJIB CHOWDHURY ASSTT. TEACHER Page No.# 10/14 889 NO. KULCHARRA LP SCHOOL DIST- KARIMGANJ ASSAM 16: JAHURA KHANAM ASSTT. TEACHER 219 NO. UTTAR SRIGAURI BALAK BALIKA LP SCHOOL DIST- KARIMGANJ ASSAM 17: SRI SWAROOP DUTTA ASSTT. TEACHER 913 NO. HARI NARAYAN LP SCHOOL DIST- KARIMGANJ ASSAM 18: SMTI.NILANJANA DEB ASSTT. TEACHER 774 NO. SUBARNASINGH LP SCHOOL DIST- KARIMGANJ ASSAM 19: SMTI MADHUCHANDA BANIK ASSTT. TEACHER 1080 NO. ULUKANDI LP SCHOOL DIST- KARIMGANJ ASSAM 20: SRI BISWAJIT DAS ASSTT TEACHER 47 NO. BASHKALTILLA LP SCHOOL DIST- KARIMGANJ ASSAM 21: SMTI. LEENA DAS ASSTT TEACHER 424 NO. ADHARKUNA BASUDEB LP SCHOOL DIST- KARIMGANJ ASSAM 22: SMTI FALGUNI DAS ASSTT TEACHER 1144 NO. PURBA KHAGIL LP SCHOOL DIST- KARIMGANJ ASSAM 23: SMTI. SUBRA DHAR ASSTT TEACHER Page No.# 11/14 397 NO. BARIGRAM LP SCHOOL DIST- KARIMGANJ ASSAM 24: SMTI. SHIBANI PAUL @ SHIBANI NATH ASSTT TEACHER 1008 NO. SUKLAMOYEE LP SCHOOL DIST- KARIMGANJ ASSAM VERSUS PREETOM SAIKIA and 9 ORS. COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPT. DISPUR GUWAHATI- 6 2:DR. RAVI KOTA COMMISSIONER FINANCE DEPT GOVT OF ASSAM DISPUR GHY-6 3:SRI SK BHUYAN DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 4:SUNIL KUMAR SARMA DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ P.O P.S- AND DIST- KARIMGANJ ASSAM 5:BIRAJ KUMAR PATHAK TREASURY OFFICER KARIMGANJ TREASURY P.O P.S AND DIST- KARIMGANJ ASSAM- 788710 6:SRI NARAYAN KONWAR SECRETARY TO THE GOVT. OF ASSAM SCHOOL EDUCATION DEPTT. DISPUR GUWAHATI-6. Page No.# 12/14 7:SHRI JAYANT NARLIKAR COMMISSIONER FINANCE DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-6. 8:SURANJANA SENAPATI DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 9:K.L. HAZARI DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ P.O. PS AND DIST.- KARIMGANJ ASSAM. 10:PARTHA SARATHI DAS TREASURY OFFICER KARIMGANJ TREASURY P.O. P.S. AND DIST.-KARIMGANJ ASSAM-788710. ------------ Advocate for : MS.S KANUNGOE Advocate for : MR.A DEKAR (R-3) appearing for PREETOM SAIKIA and 9 ORS. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 18.02.2026 1. Heard Mr. I.H. Saikia, learned counsel for the petitioners. 2. Under order dated 16.06.2016, passed in WP(C) No.5066/2007, alleged to have been violated by the respondents, this court directed the respondents to make payment of arrears of salary to the petitioners with effect from February, 1997 and to pay them their current salaries. Page No.# 13/14 3. On the other hand, it is the stand of the respondents that there are many other similarly situated persons, who filed writ petitions claiming arrears of salary and current salary. Being situated thus, the state in Education Department, finding the appointments of such persons to be irregular/illegal, formed screening committee, wherein the petitioners and other similarly situated persons participated. 4. Thereafter, based on the report of the screening committee, those whose appointments were found to be irregular were offered fresh appointments in different categories i.e., Tutors and Teachers, based on their educational qualifications as per the extent norms, by creating personnel post, which were to be abolished on retirement of those teachers/tutors. 5. The petitioners accepted such appointment. The appointment order further qualifies that their appointments should be with prospective effect from 01.11.2020 and it was further provided that such Teachers cannot claim any benefits arising out of their past service. 6. In the aforesaid backdrop, Mr. N.J. Khataniar, learned standing counsel, Education Department submits that similar contempt petitions have already been closed by Coordinate Benches, one of which is an order dated 05.02.2025, passed in Cont. Cas(C) No.571/2017. 7. On the other hand, Mr. Saikia, learned counsel for the petitioners submits that the petitioners are regularly appointed Teachers and therefore, they could not have been subjected to such screening procedure. 8. Though they had participated in the screening process, Page No.# 14/14 however, they have raised their claim that they are regular appointees and therefore, they cannot be subjected to such screening proceeding and they are entitled for payment of regular scale of pay as Teachers. However, in spite of their claim, the appointment orders were issued appointing them as tutors depriving them of their past service benefit, which itself is illegal. 9. It is further contended by Mr. Saikia that the deprivation of arrears of salary, as provided in the fresh orders of appointment itself is bad, in view of the order passed in the earlier round of litigation. 10. In the considered opinion of this court, such grievance of the petitioners cannot be adjudicated in these contempt petitions, however, the petitioners shall always have a liberty to assail such conditions put in their appointment orders, appointing them as Tutors, without benefit of past service, which according to them are illegal. 11. Accordingly, this contempt petitions stands closed. 12. However, the issues raised by Mr. Saikia, is kept open if they desire to agitate before the appropriate forum. JUDGE Comparing Assistant