Abdul Sattar vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1965 Gua

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GAHC010030262022




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

                           Case No. : WP(C)/1379/2022

         ABDUL SATTAR
         S/O. LT. MUJAFAR ALI, VILL. AND P.S. LAHARIGHAT, DIST. MORIGAON,
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND
         DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECY.

          DEPTT. OF FINANCE
          DISPUR
          GUWAHATI-06.

         3:THE DIRECTOR

          LAND RECORDS AND SURVEYS ETC
          RUPNAGAR
          GUWAHATI-32.

         4:THE DEPUTY COMMISSIONER

          MORIGAON
          PIN-782105.

         5:THE SUB DIVISIONAL OFFICER (SADAR)

          MORIGAON
          DIST. MORIGAON
          ASSAM
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             PIN-782105.

            6:THE CIRCLE OFFICER

             LAHARIGHAT REVENUE CIRCLE
             P.O. LAHARIGHAT
             DIST. MORIGAON
             ASSAM
             PIN-782127

Advocate for the Petitioner   : M ALAMGEER

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

Date : 03.06.2022

1. Heard Mr. A. H. M. R. Choudhury, learned counsel for the petitioner, who submits that the petitioner is working as a Part-time casual employee (Sweeper) in the Office Circle Officer, Laharighat Revenue Circle since 01.07.1989.

2. The petitioner's salary was enhanced to Rs. 3000/- per month w.e.f 15.12.2014, vide letter no. RRG.40/2014/16 dated 28.02.2018 issued by the Joint Secretary to the Govt. of Assam Revenue (Reforms) and D.M. Department.

3. The petitioner's counsel submits that the petitioner is entitled to be given the minimum scale of pay in terms of the Para 22 of the Division Bench judgment passed in State of Assam Vs. Upen Das & 835 Others, WA No. 45/2014 , which was disposed of on 08.06.2017. He further submits that the petitioner's name was forwarded to the authorities for being given the benefit in terms of Para 22 of the judgment passed in WA No. 45/2014, vide letter No. MPE. 27/2006/224 dated 10.01.2020 issued by the Deputy Commissioner, Morigaon, which was addressed to Page No.# 3/3

the Secretary to the Govt. of Assam, Revenue & D.M. Department. However, no further action has been taken by the respondent authorities till date.

4. Mr. C. S. Hazarika, learned counsel for the respondent nos. 4, 5 & 6, Ms. A. Tarana, learned counsel on behalf of Mr. P. Nayak, learned counsel for the respondent no. 2 and Mr. J. Handique, learned counsel for the respondent nos. 1 & 3 submit that the petitioner has not submitted any representation with regard to his grievance before the authorities prior to approaching this Court.

5. As the petitioner has not availed of the alternative remedy available, prior to approach this Court, this Court is of the view that the petitioner should first avail the alternative remedy available by filing a representation to the concerned authorities.

6. Accordingly, the petitioner is given liberty to submit representations to the Deputy Commissioner, Morigaon and to the Secretary to the Govt. of Assam, Revenue & D.M. Department, with regard to his grievance regarding the non-payment of the minimum scale of pay in terms of Para-22 of the Division Bench in WA No. 45/2014. The petitioner shall submit his representations within a period of one month from today.

7. Thereafter, the Deputy Commissioner, Morigaon, respondent no. 1 and other respondents shall take a decision on the same, within a further period of two (02) months thereafter. The decision taken should be communicated to the petitioner.

8. Writ petition is accordingly, disposed of.

JUDGE

Comparing Assistant