Mintu Barman vs The State Of Assam And 7 Ors
2022 Latest Caselaw 3051 Gua

                                                                   Page No.# 1/3

GAHC010171402021




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

                          Case No. : WP(C)/6730/2021

         MINTU BARMAN
         S/O SHRI RAMESH BARMAN, R/O VILL BARIKA CHUBURI (DARIKAL
         GAON), PO AND PS TEZPUR, DIST SONITPUR (ASSAM) PIN- 784001 OFF.
         ADD- THE DIVISIONAL OFFICER, O/O THE SONITPUR SOIL
         CONSERVATION DIVISION, TEZPUR, DISTRICT- SONITPUR (ASSAM)


         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REP BY THE PRINCIPAL SECRETARY, GOVT OF ASSAM, SOIL
         CONSERVATION DEPARTMENT, ASSAM SECRETARIAT (CIVIL), BLOCK-F,
         GROUND FLOOR, DISPUR, GUWAHATI, PIN 781006

         2:THE PRINCIPAL SECRETARY
         THE GOVT OF ASSAM
          FINANCE DEPARTMENT 3RD FLOOR
          CHIEF MINISTER'S BLOCK
          JANATA BHAWAN
          DISPUR
          GUWAHATI (ASSAM)
          PIN 781006

         3:THE DEPUTY SECRETARY
         THE GOVT OF ASSAM
          FINANCE (E.C.-II) DEPARTMENT
          DISPUR
          GUWAHATI (ASSAM)
          PIN 781006

         4:THE DIRECTOR
          SOIL CONSERVATION
         ASSAM BHUMI SHANGRAKSHAN BHAWAN
          R.G BARUAH ROAD
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             GUWAHATI
             PIN 781005

            5:THE DIVISIONAL OFFICER
             SONITPUR SOIL CONSERVATION DIVISION
             SONITPUR
            TEZPUR (ASSAM)
             PIN 784001

            6:THE DIVISIONAL OFFICER
             GOLAGHAT SOIL CONSERVATION DIVISION
             GOLAGHAT (ASSAM)
             PIN 785621

            7:THE PRINCIPAL ACCOUNTANT GENERAL
             (A AND E)
            ASSAM
             BELTOLA
             GUWAHATI
             PIN 781029

            8:THE TREASURY OFFICER
             SONITPUR
            TEZPUR (ASSAM)
             PIN 78400

Advocate for the Petitioner   : MR D C K HAZARIKA

Advocate for the Respondent : SC, FINANCE




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                         ORDER

Date : 17-08-2022

Heard Mr. DCK Hazarika, learned counsel for the petitioner, who submits that the petitioner is entitled to be given the minimum scale of pay in terms of the Division Bench judgment of this Court in State of Assam vs. Upen Das & Ors. (WA No. 45/2014). He submits that from the affidavit filed by the Soil Department, it has now become clear that the petitioner Page No.# 3/3

had joined his initial service w.e.f. 01.03.2005 and therefore, appropriate directions may be passed for allowing him to enjoy the minimum scale of pay.

Ms. RS Deuri, learned Standing Counsel, Soil Conservation Department on the other hand submits that although there is no dispute about the date of joining of the petitioner but a review petition has been preferred against the order of the Division Bench, referred to by the learned counsel for the petitioner, i.e. Review Petition No. 150/2019 seeking review of the Court's order. She submits that she may be granted some time to find out the status and the orders passed in the said review petition.

In view of above, list this matter again on 24th August, 2022.

JUDGE

Comparing Assistant