Page No.# 1/6 GAHC010089472026 2026:GAU-AS:9272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2464/2026 ZAIDUR HUSSAIN MONDAL S/O LATE SAFFOR UDDIN AHMED, R/O SATSIA KHAMAR, P/O- KHALISA BHITA, DISTRICT- GOALPARA, ASSAM, PIN- 783330. ASSISTANT TEACHER (TUTOR), SATSIA KHAMAR M.E. MADRASSA VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI- 781006 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR - 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PIN- 78333 Advocate for the Petitioner : MR. D P CHALIHA, MS M ROY Advocate for the Respondent : SC, FINANCE, SC, ELEM. EDU Page No.# 2/6 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 25/06/2026 Heard Mr. D P Chaliha, learned Senior counsel assisted by Ms. M Roy, learned counsel for the petitioner and Ms. S Chutia, learned Standing counsel, Elementary Education Department. 2. As consented to by the learned counsel for the parties, the present writ petition is taken up for final consideration and is being disposed of by the present order. 3. The petitioner in the present writ petition was initially appointed as an Assistant Teacher in Satsia Khamar M.E. Madrassa, Goalpara, by the Managing Committee of the school on 02.01.1992. The school at the time of appointment of the petitioner, was in its venture stage. 4. It is projected that the case of the petitioner and other teachers working in the said school, was taken up for consideration for provincialisation of their services under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (hereinafter, referred to as the Act of 2017). The constituted committees having considered the case of the petitioner and other teachers, the respondent authorities proceeded to provincialise the services of the petitioner as a Tutor in the said school, w.e.f. 01.01.2021, vide issuance of an order dated 05.02.2021. 5. Pursuant to the provincialisation of the services of the petitioner, the same was challenged by one Hafizur Rahman Ahmed, by way of instituting a writ Page No.# 3/6 petition, being WP(C) No. 6881/2021. 6. A Co-ordinate Bench of this Court vide order dated 11.01.2022, noticing the projections made in the writ petition, was pleased to direct that further effect of provincialisation be not given to the petitioner, herein, until further orders. 7. It is contended by the petitioner that the said writ petition was, thereafter, listed on 06.09.2024. However, there was no representation on behalf of the petitioner on the said date. 8. The Co-ordinate Bench of this Court, further noticed that the petitioner had not taken fresh steps for service of notice upon the respondent No. 7. Accordingly, vide order dated 06.09.2024, the said writ petition was dismissed for non-prosecution and further, the interim directions passed earlier was also vacated. 9. After dismissal of the said writ petition, the petitioner not having been extended with the benefits of the provincialisation of his services, the petitioner has instituted the present writ petition. 10. Mr. D P Chaliha, learned Senior counsel for the petitioner, by reiterating the facts noticed hereinabove, has submitted that the petitioner in WP(C) No. 6881/2021, has till date, not instituted any application for restoration of the said writ petition and accordingly, the said writ petition, as on date, continues to be treated to have been dismissed. 11. Mr. D P Chaliha, learned Senior counsel for the petitioner submits that the benefits flowing to the petitioner in pursuance to the provincialisation of his Page No.# 4/6 services effected vide order dated 05.02.2021, having been kept in abeyance only on account of the interim directions passed vide order dated 11.01.2022 in WP(C) No. 6881/2021, on vacation of the said interim directions, the petitioner in absence of any other legal impediment existing in the matter, was required to be extended with the benefits of provincialisation of his services, w.e.f. 01.01.2021. 12. Ms. Chutia, learned Standing counsel, Elementary Education Department submits that although, this Court had provided an opportunity to her to receive instructions, the instructions have not been furnished to her. 13. I have heard the learned counsel for the parties and also perused the materials available on record. 14. The services of the petitioner was provincialised vide an order dated 05.02.2021 under the provisions of the Act of 2017. Such provincialisation of the services of the petitioner was so effected as a Tutor. 15. Being aggrieved with the provincialisation of the services of the petitioner effected vide order dated 05.02.2021, one Hafizur Rahman Ahmed, had approached this Court by way of instituting a writ petition, being WP(C) No. 6881/2021. 16. A Co-ordinate Bench of this Court vide order dated 11.01.2022, while issuing notice in the matter was pleased to restrain the authorities from extending the benefit of provincialisation to the petitioner, herein, who was impleaded as respondent No. 8 in the said proceedings. 17. As noticed hereinabove, the said writ petition, being WP(C) No. Page No.# 5/6 6881/2021 was, however, dismissed for non-prosecution by the Co-ordinate Bench of this Court vide order dated 06.09.2024 and the interim order passed earlier was also vacated. 18. The dismissal of the said writ petition, being WP(C) No. 6881/2021 and also the vacation of the interim direction passed therein, vide order dated 11.01.2022, would have the effect of reviving the order dated 05.02.2021. No other legal impediment having been brought on record in the present proceedings by the respondents, this Court is of the considered view that the order dated 05.02.2021, would now be mandated to be implemented in respect of the petitioner and the benefits flowing thereon, is to be extended to him. 19. In view of the above discussions, this Court directs the Director of Elementary Education, Assam, to extend to the petitioner the benefits of provincialisation of his services in terms of the order dated 05.02.2021, w.e.f. 01.01.2021. 20. The petitioner shall now be paid the current salaries, w.e.f. 01.07.2026 and the arrears of his pay and allowances, w.e.f. 01.01.2021, shall be released to the petitioner, within a period of 3 (three) months from the date of receipt of a certified copy of this order, after deducting the pay and allowances already received by him in pursuance to the order dated 05.02.2021. 21. With the above observations and directions, the present writ petition stands disposed of. JUDGE Page No.# 6/6 Comparing Assistant