Page No.# 1/9 GAHC010086062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2420/2026 KALYAN GOGOI AND 37 ORS. S/O HEMA GOGOI, R/O DAPATHER, KACHACHRAI MATHONG, NO.1 DISTRICT TINISUKIA , ASSAM, PIN- 786152. 2: RAJASHREE BURAGOHAIN W/O AMAR RANJAN DUWARA R/O KAKAPATHAR TOWN DISTRICT-TINISUKIA ASSAM PIN- 786152. 3: MONESWARI HAZARIKA W/O DULAL CHETIYA R/O TINIALI NAGAON KAILASHPUR DISTRICT TINISUKIA ASSAM PIN 786152 4: JURI SAIKIA W/O TAPAN CHANDRA SONOWAL R/O LACHIT NAGAR TINRAIHABI GAON DISTRICT TINISUKIA ASSAM PIN- 786145. 5: ARUN JYOTI SONOWAL W/O BIND MAHANTA R/O HATIGARH GAON KACHIJAN NO. 1. DISTRICT TINISUKIA ASSAM PIN 786152 6: SARAJU SONOWAL W/O RANJAN SONWAL R/ODHOLLA MERI PATHAR BORMURA MIRI PATHAR DISTRICT TINISUKIA Page No.# 2/9 ASSAM PIN 786154 7: BOBY BORUAH W/O SANTANOO KUMAR DATHOTIA R/O NEAR KALI MANDIR KAKA PATHAR TOWN DISTRICT TINISUKIA ASSAM PIN 786152 8: TUKHEN BORGOHAIN W/O NOREN BORGOAIN R/O DIGHAL MESAKI GAON AROIMURIA DOOMDOOMA DISTRICT TINISUKIA ASSAM PIN 786154 9: RAMBAHADUR CHETRI S/O PODAM BAHADUR CHETRI R/O HAHKHATI TEA GARDEN GATE NO. 1 NIR DISTRICT TINISUKIA ASSAM PIN 786154 10: MIRA MUNDU W/O LADRA MUNDU R/O KESALINE TALAP TOWN DISTRICT TINISUKIA ASSAM PIN 786156 11: SUNESWAR CHETIYA S/O MOHESWAR CHETIYA R/O BAGHJAN GAON DISTRICT TINISUKIA ASSAM PIN 786151 12: MANJU DEKA W/O SUREN DEKA R/O MAKUM JN BONGALI GAON DISTRICT TINISUKIA ASSAM PIN 786170 13: YUNA GOGOI CHARINGIA W/O DAMBARU DHAR CHARINGIA R/O WARD NO 3 NAHARKATIA TOWN DISTRICT DIBRUGARGH ASSAM PIN 786610 14: TULYA KANTA MORAN ALIAS TULYA MORAN S/O RUDRESWAR R/O UPAR KULI GAON Page No.# 3/9 DISTRICT TINISUKIA ASSAM PIN 786152 15: GITA GOGOI W/O-LATE DHANJAN GOGOI R/O KERUA DISTRICT TINISUKIA ASSAM PIN 786182 16: SMRITI REKHA BORGOHAIN W/O- PUNYADHAR BORGOHAIN R/O NEAR NAMGHAR MACHE GAON DISTRICT TINISUKIA ASSAM PIN 786187 17: MILESWAR CHUTIA W/O-THANESWAR CHUTIA R/O NAKONG PATHAR NO .1 DISTRICT TINISUKIA ASSAM PIN 786181 18: UPEN CHETIA S/O- BUDHASWAR CHETIA R/O NO. 2 TINISUTI DISTRICT TINISUKIA ASSAM PIN 786182 19: GOMA CHETRY W/O- DIBAKAR CHETRY R/O NEAR MULIABARI POST OFFICE DIGBOI DISTRICT TINISUKIA ASSAM PIN 786171 20: RAMESH CHETRI S/O-PADAM BAHADUR CHETRY R/O MAKUM KILLA FOREST VILLAGE MARGHERITA DISTRICT TINISUKIA ASSAM PIN 786187 21: SUJIT GHIMIRE S/O GANESH BAHADUR GHIMIRE R/O 1 NO SARUPATHAR GAON DULIAJAN NO 2 DISTRICT DIBRUGARGH ASSAM 22: GANGA MAYA CHETRI W/O-PUSHPA CHETRI R/O PARBATIPUR GAON DISTRICT TINISUKIA Page No.# 4/9 ASSAM 23: LOKNATH CHETIYA S/O-BHEKURAM CHETIYA R/O 58 BHITOR POWAI MAKUM PATHAR DISTRICT TINISUKIA ASSAM 24: DEEGANTA PHUKAN S/O BIRU PHUKAN R/O BOJATONI MARGHERITA DISTRICT TINISUKIA ASSAM PIN 786187 25: MAHESWAR DAS S/O-LATE KALIRAM DAS R/O MIRIKA MAJULI DISTRICT TINISUKIA ASSAM PIN 786187 26: SANJIB KUMAR ULUP S/O RAMESWAR ULUP R/O MANMOW ULUP MARGHERITA DISTRICT TINISUKIA ASSAM PIN 786181 27: PREM NATH UPADHYAY S/O VISHNU PRASAD R/O NAHARKATIYA TIPLING BAHDHARI DISTRICT TINISUKIA ASSAM PIN 786610 28: MANESWAR GOGOI S/O SARBESWAR GOGOI R/O KETATONG PITHAGUTI BARIGAON DISTRICT TINISUKIA ASSAM PIN 786181 29: DURGA BAHADUR GURUNG S/O-LATE PADAM BAHADUR GURUNNG R/O KETETON POWAI BONGAON MARGHERITA DISTRICT TINISUKIA ASSAM PIN 786181 30: BISHNU KUMAR SHARMA S/O-KACHINATH SHARMA R/O FAKIAL NO. 2 Page No.# 5/9 DISTRICT TINISUKIA ASSAM PIN 786181 31: DEEPIKA GOGOI W/O-TARUN BHARALI BARUAH R/O GOLAI GAON NO. 2 DISTRICT TINISUKIA ASSAM PIN 786171 32: HIMMESWARI DAS W/O-SONARAM DAS R/O-GOLAI GAON NO. 2 DISTRICT TINISUKIA ASSAM PIN 786171 33: DEBAJANI HAZARIKA W/O LATE BHURAM HAZARIKA R/O NIZ CHABUA CHABUA DISTRICT DIBRUGARH ASSAM 34: DIMBADHAR CHETIA S/O TANKESWAR CHETIA R/O TINUSUTI NO. 2 LEKHAPANI MARGHERITA DISTRICT TINISUKIA ASSAM PIN 786182 35: KANAN KUMAR DAS S/O NITYA GOPAL DAS R/O NO. 2 RAJKHOWA GAON MARGHEERITA DISTRICT TINISUKIA ASSAM PIN 786182 36: MUKHESWAR KACHARI S/O LATE CHENIRAM KACHARI R/O ULUP MARGHERITA DISTRICT TINISUKIA ASSAM 37: DILIP BARABORAH S/O LATE BASANT BARBORAH R/O INTHEM BONGAON PENGEREE DISTRICT TINISUKIA ASSAM PIN 786182 38: DIPAK CHETRY S/O-JIT BAHADUR CHETRY R/O AOC BLOCK 2 Page No.# 6/9 NDPT DISTRICT TINISUKIA ASSAM PIN 78617 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI 6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI - 6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILPARA GUWAHATI ASSAM 781019. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR ASSAM PIN- 783380 Advocate for the Petitioner : MR B D DAS, MR S BORA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 11.05.2026 Heard Mr. B. D. Das, learned Senior Advocate assisted by Mr. S. Bora, learned counsel for the petitioners. Also heard Mr. N. Phukan, learned Standing counsel, Elementary Education Department for respondent Nos. 1, 3 and 4 and Page No.# 7/9 Mr. A. Chaliha, learned Standing Counsel, Finance Department for respondent No.2. 2. Having considered the issue involved and similar grievance has already been considered and disposed of by the Co-Ordinate Bench of this Court and as agreed to by the learned counsel for the parties, this writ petition is taken up and disposed of at the motion stage itself. 3. Mr. B. D Das, learned Senior Advocate for the petitioners submits that the petitioners were initially appointed as Assistant Teachers/Hindi Teachers in different L.P Schools on regular scale of pay on the recommendation of the Advisory Board sometime in the year 1996 to 2001 in the district of Tinsukia. Although they were paid salaries for initial three months, but thereafter, the same was discontinued and the petitioners came to be appointed as Tutors under the provision of Section 2 (u) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 in different L.P Schools by an order dated 30.01.2021 at a fixed salary of Rs.10,800/- per month w.e.f. 01.11.2020. He submits that the petitioners are discharging similar duties and functions as that of the regular teachers, but they have been deprived of regular scale of pay. 4. He further submits that the case of the petitioners in fact is squarely covered by the decision rendered by a Division Bench of this Court in Mohor Ali Sheikh and others –vs- State of Assam and others, reported in 2024 (5) GLT 689, wherein the Court directed the respondent authorities to determine the regular scale of pay to the Tutors which is commensurate to other Government employees within a time frame of six months. 5. He further submits that relying upon the case of Mohor Ali Sheikh and Page No.# 8/9 others (supra), a number of similarly situated persons had also approached this Court by filing WP(C) No.5436/2025 and the said writ petition was disposed of vide order dated 17.09.2025 by directing the petitioners therein to approach the respondent authorities concerned to file their representations individually and with a further direction to the respondent authorities to dispose of such representations to be filed within a time frame and consequently if the petitioners are found to be similarly situated, similar benefit be granted to them as well. 6. Although Mr. N. Phukan, learned Standing Counsel, Elementary Education Department and Mr. A. Chaliha, learned Standing Counsel, Finance Department seek for some time to receive instructions in this regard, having regard to the projection made by the petitioners and importantly in view of the earlier decision rendered by this Court in Mohor Ali Sheikh and others (supra) and also in WP(C) No.5436/2025, the writ petition is disposed of with a direction to the petitioners to submit their individual representations along with a certified copy of this order before the respondent No.1. It is further provided that all the writ petitioners need not submit a copy of this writ petition and only the petitioner No.1 may submit the copy of the writ petition with annexures and the respondent authority shall consider the same. Upon receiving the representations to be filed by the petitioners, the same be considered and in the event, it is found that the petitioners are similarly situated as the petitioners in Mohor Ali Sheikh and others (supra) as well as in WP(C) No.5436/2025 and WP(C) No.2729/2019, similar benefit may be granted to them. 7. The entire exercise be carried out as expeditiously as possible and at any rate within the outer limit of three months from the date of receipt of a certified copy of this order. Page No.# 9/9 8. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant