Gauhati High Court
WP(C)/2420/2026 of KALYAN GOGOI AND 37 ORS. Vs THE STATE OF ASSAM AND 3 ORS on 10 May 2026
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
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
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
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
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
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
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
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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 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 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.
8. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant