Page No.# 1/8 GAHC010098912026 2026:GAU-AS:7448 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2741/2026 KALINDRA BARMAN AND 25 ORS. S/O- DEBEN BARMAN, R/O - BARAJAL, DISTRICT -NALBARI, ASSAM, PIN -781369. 2: MD JAINAL ABEDIN S/O - SAFAT ALI R/O - GERUA BARKHOPA DISTRICT - BAKSA ASSAM PIN - 781367 3: PRANAB SARMA S/O - GADADHAR SARMA R/O - BALIKARIA SANDHELI DISTRICT - NALBARI ASSAM PIN - 781353. 4: ATUL CHANDRA DAS S/O RATNESWER DAS R/O BAMUNBARI SYNTEX DISTRICT-NALBARI ASSAM PIN - 781355. 5: BHABEN BARMEN S/O - GOBINDRA BARMAN R/O - BIHAMPUR DISTRICT- NALBARI ASSAM PIN - 781303. Page No.# 2/8 6: PHUKAN CHANDRA BARO S/O RABI RAM BARO R/O.- SURADI BARKHETRI BANEKUCHI DISTRICT- NALABARI ASSAM PIN 781340. 7: GAURIKANTA KANTA BARMAN S/O KASHIRAM BARMAN R/O BARAJOL DISTRICT- NALBARI ASSAM PIN 781369 8: MD MAHER ALI S/O FARMUD ALI. R/O BARJABARIHARI NEAR MASJID SANEKUCHI DISTRICT- NALBARI ASSAM PIN 781350 9: PANKAJ DAS S/O MOMAT CHANDRA DAS R/O SANDHA DISTRICT.- NALBARI ASSAM PIN 781337 10: SARBESWAR DAS S/O MAHESWAR DAS R/O BHANUKUCHI GUAKUCHI GHOGRAPAR DISTRICT- NALBARI ASSAM PIN- 781369. 11: JUTIKA BARMAN R/O NALBARI GAON DISTRICT- NALBARI ASSAM PIN 786151 12: DIPA KALITA W/O MANORANJAN KALITA Page No.# 3/8 R/O BARMMA BAKSA DISTRICT- NALBARI ASSAM PIN 781346. 13: ABDUL MANNAF S/O HAZARAT ALI R/O MADHUPUR KHARSITHA DISTRICT- NALBARI ASSAM PIN 781370. 14: BASANTA RAJBONSHI S/O BARUN RABONSHI R/O BALIKORIA KHARJARA DISTRICT- NALBARI ASSAM PIN 781341. 15: MD AZIZUR RAHMAN S/O MUBARAK ALI R/O RAJAKHAT BANEKUCHI DISTRICT- NALBARI ASSAM PIN 781340. 16: LALCHAND ALI AHMED S/O JAMAL UDDIN R/O DAMDAMA PATHAR DISTRICT- NALBARI ASSAM PIN 781312. 17: RASIDA BEGUM W/O ABDUL GAFUR R/O MADHUPUR KHARSITHA DISTRICT- NALBARI ASSAM PIN 781370. 18: MALATI BAISHYA W/O MUKUNDA BAISHYA R/O GOBORADOL DISTRICT- NALBARI ASSAM Page No.# 4/8 PIN 781370. 19: JITU MANI BARMAN S/O DIBAKAR BARMAN R/O NEAR GOPAL MANDIR PUB BANGAON DISTRICT- NALBARI ASSAM PIN 781303. 20: NURUL HAQUE S/O KHALILUR RAHAM R/O PITANIPARA SARIATHALI DISTRICT- NALBARI ASSAM PIN 781337. 21: MANOJ KUMAR BARMAN S/O AKSHAY BARMAN R/O POLICE STATION BELSON DISTRICT- NALBAR ASSAM PIN 781304. 22: GITIKA MALAKAR W/O AJIT RAJBONSHI R/O KENDULAKUCHI DISTRICT-NALBARI ASSAM PIN 781341. 23: PANKAJ KUMAR DEKA S/O DHARMESWAR DEKA R/O SAPKATA DISTRICT- NALBARI ASSAM PIN 781126. 24: GAUTAM DEKA S/O DHARANI DHAR DEKA R/O BOJATONI MARGHERITA DISTRICT- NALBARI ASSAM PIN 781334. 25: PRATUL DEKA Page No.# 5/8 S/O DHARANI DHAR DEKA R/O DOKUCHI GOPALTHAN DISTRICT- NALBARI ASSAM PIN 781334. 26: ROMELA KHATUN S/O ANOWAR HUSSAIN R/O KANDHIBARI DISTRICT-NALBARI ASSAM PIN 781125 ASSAM PIN 786181 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 NALBARI ASSAM PIN- 781335 Advocate for the Petitioner : MR B D DAS, MR S BORA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 6/8 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.05.2026 Heard B. D. Das, the learned senior counsel assisted by Mr. S. Borah, the learned counsel for the petitioners and Ms. S. Chutia, the learned standing counsel for the Elementary Education Department. 2. The case of the petitioners is that the petitioners were appointed in the year 1999 to 2001 as assistant teachers/stipendiary teachers in different L.P. Schools in the district of Nalbari. 3. The learned senior counsel for the petitioners submits that although they were paid salaries for a period of 3 months to 2 years but after that the same was discontinued and the petitioners, thereafter, were appointed to the post of Tutors under Section 2 (u) of the Assam Education (Provincialisation of Services of teachers and re-organisation of Educational Institution) Act, 2017, in different L.P. Schools by order dated 30.01.2021, at a fixed salary of Rs. 10,800/- (Rupees ten thousand eight hundred) per month w.e.f. 01.11.2020. 4. The learned counsel submits that the petitioners are discharging duties and functions as that of regular teachers but were deprived of their regular salaries. 5. The learned senior counsel also submits that the case of the petitioner is covered by a decision rendered by the Division Bench of this Court in “Mohor Ali Sheikh & Ors. Vs. State of Assam & Ors.” reported in 2024 (5) GLT 689, wherein, this Court directed the respondent authorities to determine the scale of pay of Page No.# 7/8 the tutors at par with other government employees within a stipulated time frame. 6. The learned counsel for the petitioners submits that the instant petitioners are also similarly situated as that of the persons who had earlier approached this Court by filing three writ petitions, namely, Writ Petition No. 5436/2025, Writ Petition No. 7264/2025 and Writ Petition No. 6646/2025. The said writ petitions were disposed of by orders dated 17.09.2025. This Court, vide order dated 17.09.2025, passed in Writ Petition No. 5436/2025, directed the petitioners to approach the respondent authorities by filing their individual representations. 7. It was further directed in the said order that the respondent authorities would dispose of the said representations within a stipulated time frame, if the petitioners were found to be similarly situated with the teachers in Writ Petition No. 5436/2025. 8. Ms. S. Chutia, the learned standing counsel for the Elementary Education Department, however, prays for some time to receive the instructions. However, considering the facts of the case and the orders passed in similar writ petitions, and more specifically the judgment passed in “Ali Sheikh & Ors.” (Supra), this writ petition is disposed of with a direction to the petitioners to submit their representations, along with a certified copy of this order, before the respondent no. 1. 9. It is further provided that, while making their individual representations, all the petitioners may not submit the copies of the writ petition along with the annexures, and that only one petitioner is directed to submit the same and the authorities should consider it to be sufficient. Page No.# 8/8 10. Upon receipt of the representations, if the authorities concerned find that the petitioners are similarly situated to the petitioners in Writ Petition No. 5436/2025, as well as the writ petitioners in Mohor Ali Sheikh’s case, similar benefits should be granted to them to the effect that the payment with regard to the regular pay scale to be granted to the petitioner. 11. The entire exercise shall be carried out as expeditiously as possible, preferably within a period of 3 (three) months from the date of receipt of this order. 12. The writ petition is disposed of. JUDGE Comparing Assistant