Disposed

Pabitra Handique and 46 Ors. v. the State of Assam and 3 Ors.

Gauhati HC5 Mar 2026WP(C)/1266/2026

Case brief

AI extract

What is this about?

Petitioners, former Assistant/Stipendiary Teachers adjusted as Tutors on fixed remuneration, sought pay parity with scale-pay teachers following Mohor Ali Sheikh (2024 5 GLT 689). The writ petition was disposed of directing representations to be considered by the authorities within three months.

What did the court decide?

Petitioners directed to submit individual representations; authorities to decide pay parity per Mohor Ali Sheikh within 3 months.

Pabitra Handique and 46 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2026)

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GAHC010037452026

2026:GAU-AS:3262

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1266/2026

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PABITRA HANDIQUE AND 46 ORS R/O - BACHAPUKHURI, P.O. - SIMALUGURI, DISTRICT - LAKHIMPUR, ASSAM, PIN - 784164

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2: KALPANA DUTTA R/O - KARI GAON KHELMATI DISTRICT - LAKHIMPUR ASSAM PIN -787031

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3: DEEP KUMAR SAIKIA R/O -JARABARIGAON DISTRICT - LAKHIMPUR ASSAM PIN - 784164

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4: JYOTISH KALITA R/O - SALALGAON PANIGAON DISTRICT - LAKHIMPUR ASSAM PIN - 787052

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5: SARBANANDA BORA R/O - K.B. ROAD BALIGAON KHAR KATI DISTRICT - LAKHIMPUR ASSAM PIN - 787052

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6: BULTAN BHARALI R/O - VILLAGE PAHAKUA MADHABPUR DIKRONG

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DISTRICT - LAKHIMPUR ASSAM PIN - 784164 7: BIMAL SARKAR R/O - PATANWOLA MUDOI BILL KUHIARBARI DISTRICT -LAKHIMPUR ASSAM PIN - 787052 8: BROJEN DAS R/O - BOCHAGAON PANIGAON DISTRICT - LAKHIMPUR ASSAM PIN - 787052 9: DIGANTA SAIKIA R/O - PUKHURIPARIA NIZ LALUK DISTRICT - LAKHIMPUR ASSAM PIN - 784160 10: PUTUMONI DUTTA R/O - LECHAIGAON NORAGAON DISTRICT - LAKHIMPUR ASSAM PIN - 787052 11: DILIP SAIKIA R/O - GABHARU TUNIJAN DISTRICT - LAKHIMPUR ASSAM PIN - 787052 12: DULAL SAIKIA R/O - DHENUDHORIYA DISTRICT - LAKHIMPUR ASSAM PIN - 787052 13: CHANDRESWAR GOGOI

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R/O - 130 NH-15 GARMUR L.P. SCHOOL LALUK NIZ LALUK DISTRICT - LAKHIMPUR ASSAM PIN - 784160 14: KUSHAL BORA R/O NIZ LALUK DISTRICT - LAKHIMPUR ASSAM PIN - 784160 15: MOUCHUMI NATH R/O - 1 NO. MAJGAON NO. 2 BOKANADI DISTRICT - LAKHIMPUR ASSAM PIN - 787031 16: GITALI SAIKIA R/O - NO. 2 BOKANADI DISTRICT - LAKHIMPUR ASSAM PIN - 787031 17: KHIRA PRAVA DUTTA R/O - NO. 1 BOKANADI DISTRICT - LAKHIMPUR ASSAM PIN - 787031 18: DIPEN KALITA R/O - AZARGURI P.O. AHOMONI NAOBAICHA DISTRICT - LAKHIMPUR ASSAM PIN - 787052 19: BIPUL GOHAIN R/O - KATHANI BILOTIAGAON DISTRICT - LAKHIMPUR ASSAM

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PIN - 780031 20: LAKHANI BORUAH R/O - NO. 2 KOWA DONG DISTRICT - LAKHIMPUR ASSAM PIN - 787031 21: MALABIKA BORAH R/O - NAKARI WARD NO. 3 NORTH LAKHIMPUR DISTRICT - LAKHIMPUR ASSAM PIN - 787001 22: RANJAN KUMAR GOGOI R/O - BHARATPUR NO.1 BAHUPATHAR DULIYAPATHAR DISTRICT - LAKHIMPUR ASSAM PIN - 784164 23: MAHENDRA DUWARAH R/O - NO. 2 BAHUPATHAR DISTRICT - LAKHIMPUR ASSAM PIN - 784164 24: AMALA BARUAH GOGOI R/O - NO. 2 BAHUPATHAR DISTRICT - LAKHIMPUR ASSAM PIN - 784164 25: NIRU BARUAH R/O - NO. 2 FUTABHUG LAKHIMPUR RUPTALI ADARSHA GAON DISTRICT - LAKHIMPUR ASSAM PIN - 784165 26: DIPALI HAZARIKA R/O - 2 NO RAMPUR NARAYANPUR

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BAR KATHANI BHATOW KUCHI DHALPUR DISTRICT - LAKHIMPUR ASSAM PIN - 784165 27: KUSUM BORAH R/O - NO. 2 RAMPUR LAKHIMPUR DISTRICT - LAKHIMPUR ASSAM PIN - 784165 28: JUNU SAIKIA R/O - DADHARA CHRISTIAN BASTI DISTRICT - LAKHIMPUR ASSAM PIN - 784165 29: LEENA PHULGURAY R/O - SIMALUGURI NO.2 DISTRICT - LAKHIMPUR ASSAM PIN - 784165 30: SASHI PHUKAN R/O - CHRISTANBASTI DISTRICT - LAKHIMPUR ASSAM PIN - 784165 31: DURGESWAR GOGOI R/O - CHRISTANBASTI P.O. - SIMALUGURI DISTRICT - LAKHIMPUR ASSAM PIN - 784165 32: MUHIRAM DAIMARY R/O - NO.2 RAMOUR DISTRICT - LAKHIMPUR ASSAM PIN - 784165 33: KHAGEN GOGOI

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R/O - TINIALI HANDIQUE DHALPUR DISTRICT - LAKHIMPUR ASSAM PIN - 784165 34: BINA HATIBORUAH R/O - TINIALI HANDIQUE DISTRICT - LAKHIMPUR ASSAM PIN - 784165 35: ABON GOGOI R/O - NO.2 RANGATI DISTRICT - LAKHIMPUR ASSAM PIN - 784165 36: ANJANA GOGOI R/O - 2NO RAMPURI DISTRICT - LAKHIMPUR ASSAM PIN - 784165 37: KUNJA GOGOI R/O - KAECHERUGUGI PULLNAHARANI DISTRICT - LAKHIMPUR ASSAM PIN - 784165 38: SWAPNA DUWARAH R/O - TINIALI HANDIQUE DISTRICT - LAKHIMPUR ASSAM PIN - 784165 39: MINESWAR GOGOI R/O -NO. 2 RANGATI DISTRICT - LAKHIMPUR ASSAM PIN - 784165

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40: DULUMONI SAIKIA R/O - TINIALI HANDIQUE DISTRICT - LAKHIMPUR

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ASSAM PIN - 784165 41: DIMBESWAR SARMA R/O - BHOLABARI BICHABORI DISTRICT - LAKHIMPUR ASSAM PIN - 787003 42: KUMUD MUDOI R/O - NARAYANPUR HARIDAH DISTRICT - LAKHIMPUR ASSAM PIN - 784165 43: BONTI KULI R/O - NO. 2 DAHGHARIA BODOTI JAMUGUN DISTRICT - LAKHIMPUR ASSAM PIN - 787162 44: PADMA DOLEY R/O - 07 ADARSA MARA DALONG BAGHADHARA L.P. SCHOOL GOMARIGURI GOLAGHAT PIN- 785705 45: GOPAL CHETRY R/O - DULIAPATHAR P.O - KUHIARBARI PANIGAON DISTRICT - LAKHIMPUR ASSAM PIN - 787052 46: RATAN DAS R/O - TAMALAGHULI KAMBONG PANIGAON P.O. PANIGAON DISTRICT - LAKHIMPUR ASSAM PIN - 787052 47: KRISHNAMONI BORAH R/O - JORITUP AZAD

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NORTH LAKHIMPUR DISTRICT - LAKHIMPUR ASSAM PIN - 78700 VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM,DISPUR, GUWAHATI - 6.

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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

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Advocate for the Petitioner : MR B D DAS, MR S BORA

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Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 06-03-2026

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Heard Mr. BD Das, learned senior counsel assisted by Mr. S Bora, learned counsel for the petitioners. Also heard Mr. A Phukan, learned Standing Counsel, Elementary Education Department appearing for the said Department.

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[2] Having regard to the nature of grievance projected by the petitioners, the writ petition is taken up for disposal at the motion stage itself.

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[3] It is the case of the petitioners that they were appointed as Assistant Teachers/Stipendiary Teachers in different L.P. Schools/M.E. Schools in regular scale of pay on the recommendation of the constituted Selection Board in the year 1996 to 2001. The petitioners thereafter enjoyed the salary given to them for about 2 to 3 years, but thereafter, the same was stopped.

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[4] Subsequently, the petitioners were adjusted as Tutors on a fixed remuneration of Rs.10,800/- per month w.e.f. 30.01.2021. Therefore, by filing the instant writ petition, they have sought for a direction to the respondent authorities concerned to grant them pay equivalent to those teachers getting scale of pay since they are performing a similar nature of work.

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[5] The learned senior counsel submits that the matter had been considered by a Division Bench of this Court in Mohor Ali Sheikh & Ors. vs. State of Assam & Ors. , reported in 2024 5 GLT 689 , wherein the Court had directed the respondent authorities to determine the regular scale of pay to Tutors commensurate to other Government employees within a time frame of 6 (six) months. Following the said decision, the learned senior counsel submits that a number of cases have also been disposed of by this Court with similar directions and therefore the instant writ petition may be disposed of in similar line, since the petitioners are duly covered by the said decision and that they stand in the same footing.

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[6] Considering the above projection, the writ petition is disposed of by directing the petitioners to submit their individual representations along with a

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certified copy of this order before the respondent No. 1. It is further provided that only the petitioner No. 1 would be required to submit a certified copy of this order along with one complete set of the writ petition before the respondent No. 1 and the same shall be taken into account and considered by the respondent authorities to take a decision for giving benefit of pay as commensurate to other Government employees. For the purpose of such consideration, the authorities concerned shall also take into account the decision of the Division Bench of this Court rendered in Mohor Ali Sheikh & Ors. (supra). The entire exercise be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Pabitra Handique and 46 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Pabitra Handique and 46 Ors. v. the State of Assam and 3 Ors.

Case brief

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