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
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