Gauhati High Court

WP(C)/2430/2026 of DIJEN SARMAH AND 44 ORS. Vs THE STATE OF ASSAM AND 3 ORS on 10 May 2026

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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

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

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

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

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

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

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

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

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

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 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 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

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

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