Page No.# 1/11 GAHC010085782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2430/2026 DIJEN SARMAH AND 44 ORS. S/O AMULYA SARMAH, R/O BILOTIA GAON, NAOBAICHA , DISTRICT LAKHIMPUR, ASSAM, PIN 784160 2: RINJYOTI LIKHARU W/O PREMADHAR LIKHARU R/O TIPLING PATHALI PAHAR DISTRICT- LAKHIMPUR ASSAM PIN 784163. 3: KENEDY PEGU S/O LIKHAN CHANDRA PEGU R/O 111 NO.1 BOGIBILL NOWBOICHA P.O RAMPUR DEURIGAIN DISTRICT LAKHIMPUR ASSAM PIN 787031 4: BISHWA SONOWAL S/O JUGESWAR SONOWAL R/O RAJGARH KACHARI DISTRICT LAKHIMPUR ASSAM PIN 787031 5: KUL BAHADUR SONAR S/O TULARAM SONAR R/O NO.1 BOGIBIL BOGIBIL NO.1 LAKHIMPUR Page No.# 2/11 ASSAM PIN 787031. 6: NAREN DOLEY S/O TADURAM DOLEY R/O NO.1 BOGIBIL BOGIBIL NO.1 P.O RAMPUR DEURIGAIN DISTRICT LAKHIMPUR ASSAM PIN 787031. 7: MADHYESHWAR TAYUNG S/O ADHIRAM TAYUNG R/O POMUA KHABULI P.O SALMORA GARCHIGA DISTRICT LAKHIMPUR ASSAM PIN 787052. 8: GUNA KUMAR TAID S/O KAIPUR TAID R/O SAL MARA GAON SOLMARI DISTRICT LAKHIMPUR ASSAM PIN 787052 9: NAZRUL ISLAM S/O HASSEN ALI R/O PANDHOWA NORTH P.S NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSAM 10: BHUBAN CHANDRA SAIKIA S/O IRSHESHWAR SAIKIA R/O VILL NO.1 SINGIA PS NARAYANPUR NO.1 SINGIA DISTRICT- LAKHIMPUR ASSAM PIN- 784164. 11: BHADRESWAR MEDAK Page No.# 3/11 S/O KULAMAN MEDAK R/O VILL NA-ALI GERGERIA CHAULDHUWA RUPAHI PATHALIPAM KADAM DISTRICT LAKHIMPUR ASSAM PIN 787056 12: BIPUL SAIKIA S/O PRAFULLA SAIKIA R/O BAKAL GAON PANI GAON DISTRICT LAKHIMPUR ASSAM PIN 787052 13: JITEN SAIKIA S/O GHAN SAIKIA R/O BAKAL GAON PANI GAON DISTRICT LAKHIMPUR ASSAM PIN 784152 14: MANISHA SARMAH W/O DIJEN SARMAH R/O NO.2 KOWA DONGA DISTRICT LAKHIMPUR ASSAM PIN 787031 15: DUDUMONI BHARALI S/O BHAGABAN BHARALI R/O CHINATOLIA BANGALIJAN NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSAM PIN 787031 16: MAMITA CHUTIA W/O MANORANJAN KONWAR R/O CHUKULI BHORIA DISTRICT LAKHIMPUR ASSAM PIN 787051 17: JUNMONI SAIKIA BORA Page No.# 4/11 W/O MAKHAN BORA R/O NO. 1 SOLMARIA DISTRICT LAKHIMPUR ASSAM PIN 787031 18: CHANDRAMA BUJAR BORUAH W/O- /D/O- NAYAN KAMAL GOGOI R/O WARD NO.4 C D ROAD NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSAM PIN 787001 19: BIPUL HAZARIKA S/O BINANDA HAZARIKA R/O BORNAHARANI NO.1 BHOLABORI DISTRICT LAKHIMPUR ASSAM PIN 780033 20: LAKHIMA CHEKANIDHARA W/O BHUBAN CHEKONIDHARA R/O NO. 1 BURHABURI NO.1 BJOLABORI DISTRICT LAKHIMPUR ASSAM PIN 787033 21: REKHASHRI KHANIKAR W/O SUSHIL KHANIKAR R/O NORTH LAKHIMPUR TOWN WARD NO.6 DISTRICT LAKHIMPUR ASSAM 22: TUTU DUTTA W/O DIGEN DUTTA R/O UJANI JALBHARI NAMRUPIA JALBHARI DISTRICT LAKHIMPUR ASSAM PIN 787055 23: ANU GOGOI LIGIRA Page No.# 5/11 AGED ABOUT 49 YEARS W/O NITYANAMDA LIGIRA R/O GELEKI NO. 1 UTTAR KATHANI DHALPUR DISTRICT LAKHIMPUR ASSAM PIN 784165 24: LABANYA RAJKHOWA W/O BUDHESWAR RAJKHOWA R/O RAJKHOWA GAON AZAD BAHPATI KHELMATI NO. 2 DISTRICT LAKHIMPUR ASSAM PIN 787031 25: MIRA PRAVA NATH W/O MOLARAM NATH R/O BORGAYAN KHAGORI KHALIHAMAI DISTRICT -LAKHIMPUR ASSAM PIN- 78416 26: PRASANTA GOGOI S/O KOSHESHWAR GOGOI R/O HARMATI NO. 1 HURUMUTTY DISTRICT LAKHIMPUR ASSAM PIN 784164 27: URMILA DEVI W/O PRAFULLA NATH R/O SONARIATI CHARIALI RONGACHACHI MAJULI ASSAM PIN 785104 28: MINAKSHI DOLEY ALIAS MINAKHEE DOLEY W/O MOLOK CHAN DOLEY R/O VILL DIKRONGMUKH NA-PAMUA DISTRICT LAKHIMPUR ASSAM PIN 784164 Page No.# 6/11 29: NITYANANDA LIGIRA S/O KANTA LIGIRA R/O NO.1 UTTAR KATHANI DISTRICT LAKHIMPUR ASSAM PIN 784165 30: SIMANTA BARUA S/O KHAGESHWAR BARUA R/O SHAKRAHI DISTRICT LAKHIMPUR ASSAM PIN 784164 31: MINA PROVA GOGOI W/O LATE GOLAP GOGOI R/O HOUSE NO.139 ROUDUNG PO BONGALCHUK ROWDANG BARPATHAR DISTRICT LAKHIMPUR ASSAM PIN 787031. 32: PADMESHWAR NEOG S/O AKAN NEOG R/O 05 MADHABPUR MAZGHAT ROAD NO.2 HARMOTI L.P. SCHOOL NARAYANPUR NO.2 HURMUTTY DIKRONG DISTRICT LAKHIMPUR ASSAM PIN 784164 33: DEBESWAR PEGU S/O BHUBAN PEGU R/O TADANG DISTRICT LAKHIMPUR ASSAM PIN 787032 34: PRAFULLA BARUA S/O SUREN BARUA R/O NO.3 TATIBAHAR DISTRICT LAKHIMPUR ASSAM Page No.# 7/11 PIN 784164 35: NIJARA DAS W/O PREMANANDA DAS R/O SRIMANTAPUR VTC PATHALI PAM GRANT 314/51 P.O PATHALIPAM DISTRICT LAKHIMPUR ASSAM PIN 787056. 36: ANJUMONI SAIKIA W/O MANIK DAS R/O KATHAI PUKHURI DISTRICT LAKHIMPUR ASSAM PIN 787031. 37: LAKHIMAN DUTTA W/O GHANSHYAM DUTTA R/O GOROMARI NO.2 PO GOROIMARI DISTRICT LAKHIMPUR ASSAM PIN 787032 38: PRAFULLA HAZARIKA S/O KOSHESHABAR HAZARIKA R/O KALITA GAON NO.5 KATORI CHAPARI DISTRICT LAKHIMPUR ASSAM PIN 787056 39: DULAL SAIKIA S/O TANGKESHWAR SAIKIA R/O UTTAR RUPAHI PATHALI PAM GRANT 31A/51 DISTRICT LAKHIMPUR ASSAM PIN 784156. 40: REKHA BORA W/O TANGKESWAR BORA R/O SALAL GAON DISTRICT LAKHIMPUR ASSAM Page No.# 8/11 PIN 787052. 41: BHABEN SAIKIA S/O LAKSHEWAR SAIKIA R/O KHATAR GAON PO HOWAJAN DISTRICT SONITPUR ASSAM PIN 784169 42: TARUN NATH S/O RAMDEW NATH R/O ROWDANG BARPATHAR DISTRICT LAKHIMPUR ASSAM PIN 787031 43: PRASHANTA BORAH S/O INDESWAR BORA R/O NAHARBARI DISTRICT LAKHIMPUR ASSAM PIN 784160 44: CHANDRA MONDAL S/O JAYDEB MANDAL R/O VILL NAHARBARI HARIBOR DISTRICT LAKHIMPUR ASSAM PIN 787160 45: ANIMA DOLEY W/O RABIN DOLEY R/O AMTOLA DISTRICT LAKHIMPUR ASSAM PIN 78705 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 Page No.# 9/11 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 Mr. A. Chaliha, learned Standing Counsel, Finance Department for respondent No.2. 2. Having considered the issue involved and similar grievance has as 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 Page No.# 10/11 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 North Lakhimpur. 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 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 Page No.# 11/11 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. 8. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant