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2026 DAILYLAW 1673 (GAU)

JABBAR MULLAH v. THE STATE OF ASSAM

WP(C)/1088/2025 · 2026-02-22

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010030712025 2026:GAU-AS:2702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1088/2025 JABBAR MULLAH C/O WAHED MULLAH, RESIDENT OF VILLAGE BHAYRUGURI, PO BHOIRAGURI, DIST BARPETA, ASSAM 2: ABDUR RAHIM C/O JABBAR ALI RESIDENT OF GERAMARI PATHER PO PALHAJI DIST BARPETA ASSAM 3: MOSHAROF KHAN C/O MUSLEM KHAN RESIDENT OF TARABARI CHAR PO BAHARIHAT DIST BARPETA ASSAM 4: KRISHNA KANTA BARMAN S/O SANTOSH BARMAN RESIDENT OF VILLAGE PAKABET BARI PO AND DIST BARPETA ASSAM 5: GULZAR HUSSAIN C/O ABDUL AWAL RESIDENT OF VILLAGE CHIKAR BHITHA PO RADHAKUCHI DIST BARPETA ASSAM 6: JAYNAL ABDIN C/O ABDUL KASEM RESIDENT OF VILLAGE AND PO KHARDHARA Page No.# 2/8 DIST BARPETA ASSAM 7: ABDUS SATTAR AHMED C/O ABDUL BAREK ALI RESIDENT OF VILLAGE AND PO KAMALPUR DIST BARPETA ASSAM 8: ALAMGIR TALUKDAR C/O LATE MUYAZZEM HUSSAIN TALUKDAR RESIDENT OF VILLAGE SAHPUR PO SORBHOG DIST BARPETA ASSAM 9: JAHURUL HOQUE C/O AZIZUL HOQUE RESIDENT OF VILLAGE KACHARIBARI PO BHAKATAPARA DIST DARRANG ASSAM 10: PRABIN KR. BASUMATARY C/O LATENDRA BASUMATARY RESIDENT OF VILLAGE DEWRIGAON PO GERUA BAZAR PS ROWTA DIST ODALGURI ASSAM 11: HEMANTA PEGU C/O PEPURAM PEGU RESIDENT OF VILLAGE JIADHAL KEKURI GAON PO JIADHAL CHARIALI DIST DHEMAJI ASSA M 12: JAIDUR RAHMAN C/O IBRAHIM ALI Page No.# 3/8 RESIDENT OF VILLAGE KAWADANGA PO BARBAGAN DIST DARRANG ASSAM 13: ANOWAR HUSSAIN C/O ABDUL GONI MIAH RESIDENT OF VILLAGE SONTOSHPUR PO AND DIST BONGAIGAON ASSAM 14: SAHA ALAM C/O ABDUL KADER RESIDENT OF VILLAGE SHAHPUR PO SORBHOG DIST BARPETA ASSAM 15: HAMID ALI C/O HAZI ABDUL KHALEQUE RESIDENT OF VILLAGE AND PO SUKMANAH DIST BARPETA ASSAM 16: SHAHJAHAN ALI C/O SOYED ALI RESIDENT OF VILLAGE CHANDMAMA PO CHANDMAMA DIST BARPETA ASSAM 17: HANNAN BHUYAN C/O MANGAL BHUYAN RESIDENT OF VILLAGE TARABARI CHAR PO TARABARI DIST BARPETA ASSAM 18: HURMOZ ALI RESIDENT OF VILLAGE KAMALPUR Page No.# 4/8 PO KAMALPUR DIST BARPETA ASSAM 19: SOHRAB ALI C/ O DANESH ALI RESIDENT OF VILLAGE KAYAKUCHIPAM PO NALI GAON DIST BARPETA ASSAM 20: ABDUR ROUF C/O MOKSHED ALI RESIDENT OF VILLAGE CHIKARBHITHA PO RADHAKUCHI DIST BARPETA ASSAM 21: MAZAMMEL HOQUE S/O FAZAL HOQUE SIKDAR RESIDENT OF VILLAGE RANGIA GAON PO BAGODI DIST BARPETA ASSAM 22: KISMAT ALI C/O RUSTAM ALI RESIDENT OF VILLAGE ROWMARI GAON PO ROWMARI GAON DIST BARPETA ASSAM 23: SABIN BRAHMA C/O PARASHURAM BRAHMA RESIDENT OF AITHANJAR PO UDALGURI DIST UDALGURI ASSAM Page No.# 5/8 24: MAHAR ALI C/O AYEN UDDIN RESIDENT OF VILLAGE BHAKUAMARI PO ANANDA BAZAR DIST BAKSA ASSAM 25: MONUJ NARAH C/O MUKESWAR NARAH RESIDDENT OF VILLAGE SABARI KALIA PO AND DIST DHEMAJI ASSAM 26: NUMAL PEGU C/O SHRI BUDAI PEGU RESIDDENT OF VILLAGE JIADHAL KEKURI GAON PO JIADHAL DIST DHEMAJI ASSAM 27: KANU DOLEY C/O MANIKANTA DOLEY R/O VILL. ADUT GAON PO TINGIRI GAON DIST DHEMAJI ASSAM 28: AFAZUDDIN AHMED C/O MD. ASIMUDDIN RESIDENT OF VILLAGE RAJAPUKHURI BAGICHIA PO CHAMUAKHAT DIST DARRANG ASSAM 29: ANSER ALI C/O SHUKUR ALI RESIDENT OF VILLAGE AND PO SONTOSHPUR DIST BONGAIGAON ASSAM Page No.# 6/8 30: ALI AJGAR C/O AYEZ UDDIN R/O VILLAGE CHANDMAMA GAON PO CHANDMAMA DIS T. BARPETA ASSAM 78132 VERSUS THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR GUWAHATI 781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE (EC-II) DEPARTMENT DISPUR GUWAHATI 781006 3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI 781006 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 5:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM 781301 6:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT CIRCLE DHEMAJI ASSAM 787057 7:THE INSPECTOR OF SCHOOLS BONGAIGAON DISTRICT CIRCLE BONGAIGAON ASSAM 783380 8:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE DARRANG ASSAM 784148 9:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE BAKSA ASSAM 712304 Page No.# 7/8 10:THE INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI ASSAM 78450 Advocate for the Petitioner : MS S. MEHJABIN, MR. R ISLAM,MR G U AHMED,MR N SARMA Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 23.02.2026 Learned counsel for the petitioner submits that the case of the petitioners is squarely covered by the judgment rendered by the Division Bench of this Court in Mohor Ali Sheikh –vs- State of Assam and others, reported in 2024 (5) GLT 689 and also subsequent orders passed by the Division Bench in WP(C) No.3239/2023 (as the lead case) vide common order dated 05.08.2025. 2. Mr. U. Sharma, learned Standing Counsel, Secondary Education Department submits that he may be given some time to obtain instructions in the matter. 3. However, considering the issue involved and the fact that this Court in similar cases such as WP(C) No.6507/2025 (Tapash Paul and others – vs- State of Assam and others) had disposed of the writ petition, in terms of the earlier decision of the Division Bench of this Court, it only appears that the matter can be disposed of in a similar manner. 4. Accordingly, the writ petition is disposed of with a direction to the Page No.# 8/8 respondent authorities to determine the pay scale payable to the petitioners in terms of the aforesaid referred judgments and in doing so, the respondent authorities would be at liberty to make verifications as may be required on the claim. 5. Such an exercise be done and completed as expeditiously and preferably within a period of two months from the date of receipt of a certified copy of this order. 6. It is made clear that upon such verification, if it is found that the petitioners are entitled to the scale of pay as determined by the authorities, the same shall be given to them without further delay. JUDGE Comparing Assistant