Gauhati High Court
Mintu Barman vs The State Of Assam And 7 Ors on 24 August, 2022
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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
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R.G BARUAH ROAD
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 : 24.08.2022
On 17.08.2022, the following order was passed:-
"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
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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 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 24 th August,
2022."
Today, Ms. R.S Deuri, learned Standing Counsel, Soil Conservation Department
submits that the Review Petition No. 150/2019 is filed by those persons, who were not
party to Writ Appeal No. 5/2014 and that the matter is yet to be considered by this
Court. She has also produced a copy of order passed by the Review Court dated
04.12.2020 by which a notice was issued to the respondents.
In view of above and considering the case projected by the petitioner, the
matter is disposed of with a direction to the respondent authorities to look into the
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claim of the petitioner in terms of the decision of the Division Bench of this Court in
State of Assam vs. Upen Das & Ors. (WA No. 45/2014), particularly paragraph No. 22
of the said petition. The said exercise shall be carried out by the respondents as
expeditiously as possible preferably within a period of 3 (three) months from the date
of receipt of a certified copy of this order. It is also put on record that the accepted
date of joining of the petitioner as Muster Roll worker is 01.03.2005 and therefore, the
respondent authorities shall proceeds with the matter accordingly.
The writ petition is accordingly stands disposed of.
JUDGE
Comparing Assistant
