GAHC010265222025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6812/2025 ANANTA BORO AND 7 ORS

S/O-SAMBANDHA BORO, R/O-THAKURKUCHI GAON, CHANDRAPUR,

DIST- KAMRUP M, ASSAM, PIN- 781150. GRADE- IV EMPLOYEE OF

CHANDRAPUR SR. SECONDARY SCHOOL, KAMRUP M.

2: MILAN CHANDRA NATH

S/O- GOLOK CHANDRA NATH

R/O- MALLIBARI

BAIHATA CHARIALI

DIST- KAMRUP

ASSAM

PIN- 781121. JR. ASSTT OF BALABHADRA OJA HIGH SCHOOL

KAMRUP M.

3: SANJOY DEKA

S/O-RAMESH DEKA

R/O- BELKONA DIST- KAMRUP

ASSAM

PIN- 781381. JR. ASSTT OF UTTAR PUB KAMRUP SR. SECONDARY SCHOOL

KAMRUP R.

4: DHIREN MALAKAR

S/O- KALI RAM MALAKAR

R/O- MALAYBARI

KHETRI

DIST- KAMRUP M

ASSAM

PIN- 782403. JR. ASSTT OF MALAYBARI SR. SECONDARY SCHOOL

KAMRUP M.

5: SUKLESWAR BAISHYA

S/O- HAREN BAISHYA

R/O- MALAYBARI

KHETRI DIST- KAMRUP M ASSAM PIN- 782403. GRADE- IV EMPLOYEE OF MALAYBARI SR. SECONDARY SCHOOL KAMRUP M.

6: KAILYAN KALITA S/O- MOLOKA KALITA R/O- ARANYA NAGAR CHANDRAPUR DIST- KAMRUP M ASSAM PIN- 781150. JR. ASSTT OF CHANDRAPUR SR. SECONDARY SCHOOL KAMRUP M.

7: RAJASHREE KALITA D/O- JITEN KALITA R/O- TATIMARA CHANDRAPUR DIST- KAMRUP M ASSAM PIN- 781150. LIB. ASSTT OF CHANDRAPUR SR. SECONDARY SCHOOL KAMRUP M.

8: ASHOK KR KALITA S/O- KAJIRAM KALITA R/O- TATIMARA CHANDRAPUR DIST- KAMRUP M ASSAM PIN- 781150. GRADE- IV EMPLOYEE OF CHANDRAPUR SR. SECONDARY SCHOOL KAMRUP M VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI, ASSAM PIN- 781006.

2:THE SECRETARY FINANCE DEPARTMENT TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI ASSAM PIN- 781006.

3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN- 781019 Advocate for the Petitioner : MR. M DUTTA, MS N CHATTERJEE Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

03.12.2025 Heard Mr. M. Dutta, learned counsel for the petitioners; Mr. U. Sarma, learned standing counsel for the Secondary Education Department, respondent Nos. 1 & 3; and Ms. R.M. Barooah, learned standing counsel for the Finance Department, respondent No. 2.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities to provide them regular scale of pay along with all other financial and service benefits as granted/would be to those similarly and equally placed employees of Venture Educational Institutions, whose services were provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (the Act of 2011 hereinafter) and the Assam Education (Provincialisation of Services of Non- Teaching Staff of Venture Educational Institutions Act, 2018 (the Act of 2018 hereinafter) and also in terms of the direction issued by a Division Bench of this Court in the case of Abdul Motaleb and Others vs. The State of Assam and Others, in W.P.(C) No. 3239/2023.

3. Mr. Dutta, learned counsel for the petitioners submits that the petitioners herein are serving as Junior Assistant, Library Assistant and Grade – IV employees, in different secondary schools and their names were recommended for provincialisation under the Act of 2011 and as such, the services of many incumbents were provincialised in a phase manner. But, the services of the present petitioner were not provincialised under the Act of 2011 and in the meantime, this Court had struck down the Act of 2011. Thereafter, the Government, in compliance with the directions of this Court, had introduced the Assam Education (Provincialisation of Services of Teachers and Re- Organization of Education Institutions) Act, 2017. But, there was no whisper about the non-teaching staff and therefore, the Government of Assam had amended the said Act in 2018 and accordingly, the services of the present petitioners were provincialised.

3.1. Further submission of Mr. Dutta is that in the Act of 2018, the non-teaching staffs were provided with fi