Roshidul Hoque vs The State Of Assam And 5 Ors
2021 Latest Caselaw 3290 Gua

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GAHC010187052021




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

                         Case No. : WP(C)/6375/2021

         ROSHIDUL HOQUE
         S/O- NALI MAMUD SHEIKH, R/O- VILL- TOKRABANDHA, CHIRAKUTA, P.S.
         CHAPAR, DIST.- DHUBRI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
         ENVIRONMENT AND FOREST DEPTT., ASSAM, DISPUR

         2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GHY-6

         3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS
         ASSAM
          REHABARI
          GHY-8

         4:CHIEF CONSERVATOR OF FORESTS (TERRITORIAL)
         ASSAM
          PANBAZAR
          GHY-01

         5:CONSERVATOR OF FORESTS
          LOWER ASSAM SOCIAL FORESTRY CIRCLE
          BONGAIGAON
         ASSAM

         6:DIVISIONAL FOREST OFFICER
          DHUBRI FOREST DIVISION
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             DHUBRI
             ASSAM- 78330

Advocate for the Petitioner   : MS P AGARWAL

Advocate for the Respondent : SC, FOREST

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

03.12.2021 Heard Ms. P. Agarwal, learned counsel for the petitioner, who submits that the petitioner has been serving as Muster Roll worker under the Chirakuti Beat under Salkota Range, Dhubri Division since 2007.

The petitioner's case is that he is entitled to the benefits of payment of minimum scale of pay in terms of the Division Bench judgment of this Court in the case of State of Assam vs. Shri Upen Das & 836 others in W.A No. 45/2014.

The petitioner's counsel submits that the issue with regard to whether the petitioner is entitled to payment of minimum scale of pay in terms of para 22 of the Division Bench judgment in W.A No. 45/2014 had been referred to the Principal Chief Conservator of Forest and Head of Forest Force, Govt. of Assam by the Divisional Forest Officer, Dhubri Division vide letter No. A/1/CL/526 dated 22.03.2018. She also submits that the Joint Secretary to the Govt. of Assam, Environment & Forest Department issued a letter to the Joint Secretary to the Govt. of Assam, Finance (PC- II) Department stating that the Forest Department had submitted a consolidated list of 623 numbers of Muster Roll/Work-charged/Casual workers, working for more than 10 years. Out of these fixed pay (135) and left out (229) workers were already considered for payment of minimum wages whereas the list of 623 workers, working for more than 10 years were yet to be considered. The letter thus requested the Finance Department to look into the matter as earliest as possible for payment of minimum scale of pay to these 623 workers

The petitioner's counsel submits that the petitioner has not been informed as to Page No.# 3/4

whether the petitioner's name is included among the 623 workers that had been sent by the Forest Department to the Finance Department, for consideration of payment of minimum wages. She accordingly prays that a direction be issued to the respondent No. 3 to take a decision, as to whether the petitioner's name is included among the list of 623 workers that has been sent to the Finance Department, for consideration for payment of minimum scale of pay in terms of the letter dated 18.01.2020, issued by the Joint Secretary to the Govt. of Assam, Environment & Forest Department (Annexure-5). She also submits that in the event the petitioner is not amongst the 623 persons mentioned above, the respondent No. 3 should verify as to whether the petitioner is eligible to the paid minimum scale of pay in terms of para 22 of the judgment of the Division Bench in W.A No. 45/2014. In the event the petitioner is found to be eligible to be paid minimum scale of pay in terms of para 22 of the judgment of the Division Bench in W.A No. 45/2014, the respondent No. 3 should send a letter to the respondent No. 1 for further communication to the Finance Department for payment of minimum scale of pay.

Mr. K.P. Pathak, learned counsel for the Forest Department and Mr. A. Chaliha, learned counsel for the Finance Department submit that they have got no objection to prayer made by the petitioner's counsel.

In view of the consent of the parties, the respondent No. 3 and respondent No. 1 are directed to verify, as to whether the petitioner is amongst the list of 623 workers that had been sent for consideration to the Finance Department for payment of minimum scale of pay, in terms of letter No. FRE.106/2012/Pt-1/192 dated 18.01.2020 issued by the Joint Secretary to the Govt. of Assam, Environment & Forest Department and which is addressed to the Joint Secretary to the Govt. of Assam, Finance (EC-II) Department. In the event the petitioner's name is not amongst the 623 persons mentioned above, the respondent No. 3 is directed to consider as to whether the petitioner is eligible to receive minimum scale of pay, in terms of para 22 of the judgment of the Division Bench of this Court in W.A No. 45/2014 and if it is found that the petitioner is eligible to be paid the said minimum scale of pay, the respondent Nos. 1 & 3 are directed to communicate the same to the respondent No. 2, who shall do the Page No.# 4/4

needful thereafter. The entire exercise should be completed by the respondents within a period of 2 months from the date of receipt of a certified copy of this order.

Writ petition is accordingly disposed of.

JUDGE

Comparing Assistant