Page No.# 1/4 vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1481 Gua

                                                               Page No.# 1/4

GAHC010062532019




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

                          Case No. : WP(C)/1981/2019

         AMARESH BARMAN AND 3 ORS.
         S/O. LATE NAGESWAR BARMAN, VILL.- BAMANGAON, P.O. SHILGARA,
         DIST.- DHUBRI, ASSAM, PIN- 783301.

         2: PRAMATESHWAR BARMAN
          S/O- LATE NAGESWAR BARMAN
         VILL. BAMANGAON
          P.O. SHILGARA
          DIST. DHUBRI
         ASSAM
          PIN- 783301.

         3: AHMED HUSSAIN
          S/O.- LATE HAKIM ALI
         VILL.- TOKRABANDHA
          P.O. CHIRAKUTA
          P.S.- CHAPAR
          DIST.- DHUBRI
          PIN- 783348.

         4: SHAHIDUL HAQUE
          S/O.- ABDUL BAREK
         VILL.- KAJAIKATA PART-I
          P.O. BILASIPARA
          DIST. DHUBRI
         ASSAM
          PIN- 783348

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM,
         FOREST DEPTT., DISPUR, GUWAHATI, ASSAM.
                                                                      Page No.# 2/4

            2:THE COMMISSIONER AND SECRETARY

             FINANCE DEPTT.
             DISPUR
             GUWAHATI
             ASSAM.

            3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
            FOREST FORCE
             GOVT. OF ASSAM
             PANJABARI
             GUWAHATI
             KAMRUP(M)- 37.

            4:THE ADDITIONAL CHIEF CONSERVATOR OF FORESTS (HRD)
             GOVT. OF ASSAM
             PANJABARI
             GUWAHATI.

            5:THE CONSERVATOR OF FORESTS

             LOWER ASSAM SOCIAL FORESTRY CIRCLE
             BONGAIGAON
             ASSAM.

            6:THE DIVISIONAL FOREST OFFICER

             DHUBRI DIVISION
             DHUBRI
             ASSAM. PIN- 783301

Advocate for the Petitioner   : MR. I ALAM

Advocate for the Respondent : SC, FOREST




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 06-05-2022

Heard Mr. I. Alam, learned counsel for the petitioners. Also heard Mr. R. Bora, learned standing counsel for the Forest Department.

Page No.# 3/4

2. The grievance of the petitioners is that they have been temporarily engaged as casual workers by the respondents since 1986 but without any service benefits. The petitioners case is that they should be given fixed wages in terms of the para-22 of the judgment of the Division bench of this Court in the case of State of Assam and another Vs. Sri Upen Das and 836 others, WA 45/2014.

3. Mr. Bora, learned standing counsel for the Forest Department submits that the petitioners have not availed of the alternative remedy available, prior to approaching of this Court. He submits that no representation has been submitted by the petitioners to the respondents. He further submits that the age of the petitioner no.4 being only 28 years on the date when the writ petition was filed, i.e. on 19.03.2019, the petitioner would have been 13 years in the year 2004, that is when he started work as a casual labor. He however submits that the respondents will examine the grievance of the petitioners, if the petitioners submit a representation in that regard.

4. On considering the submissions made by the parties, this Court is of the view that as the petitioners have not submitted any representations to the respondent authorities prior to coming to this Court, the petitioners should first approach the respondent authorities with their grievance. Accordingly, liberty is given to the petitioners to submit individual representations to the respondent no.3 and 6, who shall then examine and take a decision on the petitioners representations, as to whether they are eligible to be granted fixed pay in terms of para-22 of the Division Bench judgment of this Court in State of Assam and others Vs. Sri Upen Das and 836 ors, WA 45/2014.

Page No.# 4/4

5. The respondents shall consider the representations, if any, within a period of 3(three) months from the date of receipt of the representations, which shall be accompanied with a certified copy of this order.

6. The writ petition accordingly stands disposed of.

JUDGE

Comparing Assistant