Lalita Das Bhuyan vs The State Of Assam And 3 Ors
2022 Latest Caselaw 1167 Gua

                                                                    Page No.# 1/3

GAHC010008312022




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

                                 Case No. : WP(C)/1560/2022

            LALITA DAS BHUYAN
            W/O SRI DHIREN BHUYAN, VILL- BALADMARI, P.O.-BALADMARI, DIST-
            GOALPARA, ASSAM, PIN-783121



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR,
            GUWAHATI-781006

            2:THE CHIEF ENGINEER
             IRRIGATION DEPARTMENT
             CHANDMARI
            ASSAM
             GUWAHATI-781003

            3:THE EXECUTIVE ENGINEER
             GOALPARA MECHANICAL DIVISION
             IRRIGATION DEPARTMENT
             GOALPARA
            ASSAM

            4:THE COMMISSIONER AND SECRETARY
             FINANCE DEPARTMENT
             GOVERNMENT OF ASSAM
             DISPUR
             GUWAHATI-78100

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : SC, IRRIGATION
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                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                      ORDER

Date : 01.04.2022

Heard Mr. U. K. Nair, learned senior counsel for the petitioner, who submits that the petitioner was engaged as a M.R. Skilled Labour on 01.09.1992. Thereafter, the petitioner's case for regularization was taken up by the respondents in the year 2005. However, the respondents mistakenly put the name of Likhen Ch. Das instead of Lalita Das Bhuyan. He submits that the said correction of the mistake has been made vide letter dated 05.10.2005 issued by the Executive Engineer, Goalpara Mechanical Division, Irrigation, which was addressed to the Chief Engineer, Irrigation Department. He submits that the petitioner was eventually regularized vide order dated 21.05.2019. However, the petitioner's regularization order was modified vide order dated 13.11.2019 and the petitioner was given a fixed pay of Rs. 15,900/- p.m.

The petitioner's further case is that the petitioner was not given any pay scale from the time of the regularization order till the time of the modification of the regularization order.

Issue notice, returnable in 4 (four) weeks.

Mr. P. Nayak, learned counsel accepts notice on behalf of the respondent Nos. 1 to 4. He submits that as per the regularization order dated 21.05.2019, the petitioner was regularized as Peon in the scale of pay in the P.B-1, 12,000 - 52,000, Grade Pay- 3,900/- p.m. However, the regularization order dated Page No.# 3/3

21.05.2019 was modified vide order dated 13.11.2019, by giving the petitioner the minimum pay scale, which amounted to Rs. 15,900/- p.m, in terms of paragraph No. 22 of the judgment of the Division Bench in the case of State of Assam Vs. Sh. Upen Das & 835 Others, W.A. No. 45/2014. He thus submits that the earlier order dated 21.05.2019 was also in terms of the judgment passed in W.A. No. 45/2014.

List the matter again after 4 (four) weeks.

JUDGE

Comparing Assistant