Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 6 Ors on 3 December, 2021
Page No.# 1/5
GAHC010155942020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6365/2021
ANGSUMAN BHATTACHARJEE AND 10 ORS
S/O LATE KAUSHIK RANJAN BHATTACHARJEE, VILLAGE DURGANAGAR,
PART-IV, POST OFFICE UDARBOND, 788030, DISTRICT CACHAR, ASSAM
2: SRI NILADRI DEY
S/O LATE KANDARPA KUMAR DEY
VILLAGE DURGANAGAR
PART-IV
POST OFFICE UDARBOND
788030
DISTRICT CACHAR
ASSAM
3: FAJAL UDDIN BARBHUIYA
S/O AZIR UDDIN BARBHUIYA
VILLAGE GOSSAIPUR
PART-II
POST OFFICE GOSSAIPUR
788030
DISTRICT CACHAR
ASSAM.
4: JOYMUL HAQUE BARBHUIYA
S/O LATE ABDUL SUKKUR BARBHUIYA
VILLAGE DURGANAGAR
PART-III
POST OFFICE UDARBOND
788030
DISTRICT CACHAR
ASSAM.
5: ABDUL AHMED LASKAR
S/O FURKAN ALI LASKAR
VILLAGE DURGANAGAR
Page No.# 2/5
PART-III
POST OFFICE UDARBOND
788030
DISTRICT CACHAR
ASSAM.
6: MONAR UDDIN BARBHUIYA
S/O AZIR UDDIN BARBHUIYA
VILLAGE GOSSAIPUR
PART-II
POST OFFICE GOSSAIPUR
788030
DISTRICT CACHAR
ASSAM.
7: NENU MIA MAJUMDER
SON OF SURMAN ALI MAJUMDER
VILLAGE DUDHPATIL
PART-V
POST OFFICE HATICHERRA
DISTRICT CACHAR
ASSAM.
8: RAMIJ UDDIN CHOUDHURY
S/O ABDUL KHYAM CHOUDHURY
VILLAGE DUDHPATIL
PART-V
POST OFFICE HATICHERRA
788002
DISTRICT
CACHAR
ASSAM.
9: KUTUB UDDIN BARLASKAR
SON OF LATE AZIJUR RAHMAN BARLASKAR
VILLAGE LATHIGRAM
PART-I
POST OFFICE UDARBOND
788030
DISTRICT CACHAR
ASSAM.
10: SHAHED AHMED LASKAR
SON OF ILIAS ALI LASKAR
VILLAGE PANGRAM
PART-I
POST OFFICE PANGRAM
788030
Page No.# 3/5
P.S. UDARBOND
DISTRICT CACHAR
ASSAM.
11: LALIT KURMI
S/O LATE SAHARAI KURMI
VILLAGE BALIGANJ
POST OFFICE MADRIPAR
788030
DISTRICT CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE COMMISISONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
4:THE DEPUTY SECRETARY
TO THE GOVT. OF ASSAM
FINANCE (EC-II) DEPARTMENT
DISPUR
GUWAHATI-06
5:THE DIRECTOR OF HEALTH SERVICES(MALARIA)
ASSAM
HENGRABARI
GUWAHATI-781036
6:THE JOINT DIRECTOR OF HEALTH SERVICES
CACHAR
SILCHAR
788001.
Page No.# 4/5
7:THE CHIEF MEDICAL AND HEALTH OFFICER
(CD)
CACHAR
SILCHAR
HOSPITAL ROAD
POST OFFICE HOSPITAL ROAD
SILCHAR
788005
DISTRICT CACHAR
ASSA
Advocate for the Petitioner : MR. N DHAR
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
03.12.2021
Heard Mr. A.B.T Haque, learned counsel for the petitioners, who submits that
the petitioners were appointed on different dates as Casual Workers under the Health
& Family Welfare Department in Cachar District.
The petitioner's counsel submits that the petitioners, who are Casual Workers
should be granted the benefit of payment of minimum scale of pay in terms of the
judgment of the Division Bench of this Court in W.A No. 45/2014 (State of Assam vs.
Shri. Upen Das & 836 Others). In W.A No. 45/2014, the Division Bench was to decide
whether Muster Roll workers, Work-charged workers and Casual workers who were
continuously engaged from their initial date of engagement, were entitled for
regularization of their services with consequential benefit, such as pension etc. The
Division Bench of this Court held that Muster Roll worker, Work-charged worker and
Casual worker were not entitled for regularization of their services with consequential
benefit. However, in para 22 of the judgment & order dated 08.06.2017, passed in
W.A. No. 45/2014, it was stated as follows:-
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"22. It is, however, heartening to learn that the State Government has
agreed not to terminate the Muster Roll, Work Charged and similarly placed
employees working since last more than 10 years (not in sanctioned post) till
their normal retirement, except on disciplinary ground or on ground of criminal
offences. The State Government has also agreed to enlist such employees in Health
and Accidental and Death Insurance Scheme, which will be prepared in consultation
with the State Cabinet. We appreciate this positive stand of the State Government taken
as welfare measures for the betterment and security of the employees, in question. We,
accordingly, direct the State Government to implement the measures without further
delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab
vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay
minimum of the pay scale to Muster Roll workers, Work Charged workers and
similarly placed employees working since last more than 10 years (not in
sanctioned post) with effect from 1.8.2017."
In para 4 of the writ petition, the petitioners have stated that their job
responsibility is seasonal in nature and they are engaged on 2 occasions in a year. The
basic work of the petitioners is to spray DDT in different areas, as directed by the
authority and their working period is of 45 days in 2 rounds in each season i.e.,
Summer and Winter. Thus, they work for 90 days in a year.
On considering the fact that the petitioners are only engaged by the State
respondents as Casual Workers for only 90 days in a year, this Court is of the view that
they are not entitled to payment of minimum scale of pay in terms of para 22 of the
judgment & order dated 08.06.2017, passed in W.A No. 45/2014.
Writ petition is accordingly dismissed.
JUDGE
Comparing Assistant
