Gauhati High Court
Rejaul Hoque vs The State Of Assam And 3 Ors on 27 January, 2021
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GAHC010057032019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1835/2019
REJAUL HOQUE
S/O. LT. NUR BOXE ALI, R/O. NAYAPARA, WARD NO.10, P.O. AND P.S.
GOALPARA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SOCIAL
WELFARE DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF SOCIAL WELFARE DEPTT.
ASSAM
UZANBAZAR
GUWAHATI-781001.
3:THE DIST. SOCIAL WELFARE OFFICER
GOALPARA
P.O. AND DIST. GOALPARA
ASSAM-783101.
4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE (ESSTT.-A) DEPTT.
DISPUR
GUWAHATI-781006
5: THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
SOCIAL WELFARE DEPARTMENT.
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Advocate for the Petitioner : MR. D A KAIYUM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
27.01.2021
Heard Mr. D.A. Kaiyum, learned counsel appearing for the petitioner. Also heard
Mr. D. Nath, learned counsel appearing for the respondent Nos. 1, 2 & 3 as well as Mr.
P. Nayak, learned counsel appearing for the respondent No. 4.
2. The case of the petitioner is that he has been working as a Chowkidar at
Balwadi Centre, Goalpara, on the basis of letter dated 29.08.1983 with effect from
01.07.1983 at the fixed salary of Rs. 120/- per month. Thereafter, his salary was
enhanced to Rs. 1300/- with effect from 01.04.1996.
3. The petitioner's counsel submits that though the Government of Assam, Finance
(Esstt.-A) Department, from time to time enhanced the fixed salary of its employees,
the petitioner's salary has remained static at Rs. 1300/- per month till date. The
petitioner's counsel submits that the petitioner should either be given the latest
enhanced fixed salary as provided by the Finance Department, which is at the rate of
Rs. 9,000/- per month with effect from 01.01.2018 or be paid of the minimum pay
scale in terms of the judgment dated 08.06.2017 passed by the Division Bench of this
Court in WA No. 45/2014.
4. Mr. D. Nath, learned counsel for respondent Nos. 1, 2 & 3 submits that the
Director of Social Welfare Department has written to the Additional Chief Secretary,
Government of Assam, Social Welfare Department, vide letter No. DSW(LC)21/2019/81
dated 25.11.2019, requesting him to issue necessary instructions, so that the
petitioner is paid minimum wages as per the judgment of the Division Bench of this
Court in WA No. 45/2014, " the State of Assam -vs- Upen Das and 836 Ors."
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5. Mr. D.A. Kaiyum, learned counsel for the petitioner submits that in view of the
letter dated 25.11.2019 issued by the Director of Social Welfare Department, a
direction can be issued to the respondents to take a decision on the above letter and
to give the minimum scale of pay as directed by the Division Bench of this Court in WA
No. 45/2014.
6. I have the learned counsels for the parties.
7. The letter dated 08.06.2017 issued by the Director of Social Welfare Department
makes a request to the Additional Chief Secretary to the Government of Assam, Social
Welfare Department to issue necessary instruction whether minimum wages may be
paid to the petitioner in terms of para 22 of the Division Bench judgment of this Court
passed in WA No. 45/2014, "the State of Assam -vs- Upen Das & Ors," para 22 of
which states as follows:
"It is, however, heartening to learn that the State Government has agreed not to terminate the
Muster Roll, Worked Charged and similarly placed employees working since last more than 10 years (not
in sanctioned post) till their retirement, except on disciplinary 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 the State of Punjab Vs. Jagjit
Singh, (2017) 1 SCC 148, also direct the State government to pay minimum scale to Muster Roll
workers, Work charged workers and similarly placed employees working since last more than 10 years
(not in the sanctioned post) with effect from 01.08.2017".
8. In light of the above facts, it has become necessary to implead the Additional
Chief Secretary to the Government of Assam, Social Welfare Department. Accordingly,
the Additional Chief Secretary to the Government of Assam, Social Welfare Department
is impleaded as respondent No. 5. Registry to make necessary correction to the cause
title. Mr. D. Nath, accepts notice on behalf of the newly empleaded respondent No. 5.
9. On considering the letter dated 08.06.2017 issued by the Director, Social
Welfare Department, the respondent No.5 is directed to take a decision on the letter
dated 25.11.2019 issued by the Director of Social Welfare and make payment of salary
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to the petitioner inconsonance with the decision to be made by him.
10. The entire exercise should be conducted within a period of 2(two) months from
the date of receipt of a copy of this order.
11. This writ petition is accordingly disposed of.
12. The letter dated 25.11.2019 issued by the Director of Social Welfare Department is
made a part of the record and marked as Annexure-X.
JUDGE
Comparing Assistant
