Gauhati High Court
Ritu Das vs The State Of Assam And 3 Ors on 25 March, 2022
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GAHC010057372022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2059/2022
RITU DAS
S/O- LATE NARENDRA DAS, R/O- VILL. CHENGNOI, P.O. CHENGNOI, P.S.
AND DIST. NALBARI, ASSAM, PIN- 781337.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE SECRETARY AND COMMISSIONER TO THE GOVERNMENT OF
ASSAM, SPORTS AND YOUTH WELFARE DEPARTMENT, DISPUR,
GUWAHATI-781006, DIST.- KAMRUP(M), ASSAM
2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
SPORTS AND YOUTH WELFARE DEPARTMENT
DISPUR
GUWAHATI-781006
DIST.- KAMRUP(M)
ASSAM
3:THE DIRECTOR
SPORTS AND YOUTH WELFARE DEPARTMENT
DISPUR
GUWAHATI-781006
DIST.- KAMRUP(M)
ASSAM
4:THE DISTRICT SPORTS OFFICER
NALBARI
DIST. NALBARI
ASSAM
PIN- 783380
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Advocate for the Petitioner : MR. A GOHAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 25.03.2022
1. Heard Mr. A. Gohain, learned counsel for the petitioner, who submits that the
petitioner was engaged as a Part-time Grade-IV worker on contingency basis vide order dated
15.02.2002 issued by the Director, Sport and Youth Welfare, Assam. The petitioner has
however not been paid his wages from May' 2012.
2. The petitioner's counsel submits that the petitioner is will working in the Office of
the District Sports Officer, Nalbari till date. Though the petitioner made a representation to
the Director, Sport and Youth Welfare, Assam for payment of his wages from May' 2012 and
to absorb him as a Regular employee, the same has not been done till date. He also submits
that the petitioner should be given minimum scale of pay as provided in Para 22 of the
Division Bench judgment in State of Assam & Others Vs. Upen Das & 836 Others, WA
No. 45/2014, which was disposed of on 08.06.2017.
3. Mr. R. Dhar, learned counsel for the State respondents submits that the petitioner
was employed as a Part-time Grade-IV worker on contingency basis and non payment of
monthly wages since May' 2012 implies that the petitioner has not been engaged w.e.f.
May'2012. He accordingly submits that there is no question of the petitioner being eligible to
be given minimum scale of pay in terms of Division Bench judgment in State of Assam &
Others Vs. Upen Das & 836 Others (Supra) as he has no continuity in service. He also
submits that the petitioner's service cannot be regularised in terms of the Division Bench
judgment in State of Assam & Others Vs. Upen Das & 836 Others (Supra).
4. I have heard the learned counsels for the parties.
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5. The petitioner was engaged as a Part-time Grade-IV Worker on contingency basis
vide order dated 15.02.2000 and apparently has not been given his wages from May' 2012. It
is surprising that the petitioner has made no representation to the authority from May' 2012
till 17.11.2021 for payment of his wages, especially when he was looking after his wife and
school going children.
6. As the petitioner's representation dated 18.11.2021, which is addressed to the
Director, Sport and Youth Welfare, Assam, has not been decided, this Court is of the view that
the said representation should be disposed of by the authorities.
7. Accordingly this Court directs the Director, Sport and Youth Welfare, Assam, to take
a decision on the petitioner's representation dated 18.11.2021 and decide whether the
petitioner is entitled to payment of wages from May' 2012 and whether he is entitled to be
paid minimum scale of pay in terms of the Para 22 of Division Bench judgment in State of
Assam & Others Vs. Upen Das & 836 Others (Supra). The Director will take a decision
on the representation within a period of two months from the date of receipt of a certified
copy of this order.
8. Writ petition is accordingly disposed off.
JUDGE
Comparing Assistant
