Anjar Khan vs The State Of Assam And 6 Ors
2022 Latest Caselaw 1554 Gua

                                                                  Page No.# 1/3

GAHC010086982022




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

                          Case No. : WP(C)/3023/2022

         ANJAR KHAN
         S/O- LATE MOJAHAR KHAN, R/O- SAPATGRAM, P.O. AND P.S. SAPATGRAM,
         DHUBRI, PIN- 783337, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         ENVIRONMENT AND FORETS DEPARTMENT, ASSAM, DISPUR, PIN- 781006.

         2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          ENVIRONMENT AND FORESTS
         ASSAM
          DISPUR
          PIN- 781006.

         3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
         ASSAM
          PANJABARI
          GUWAHATI-781037.

         4:CHIEF CONSERVATOR OF FOREST CUM CHD

          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
          ASSAM
          PIN- 783370.

         5:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
          BTR
          KOKRAJHAR
         ASSAM
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              PIN- 783370.

              6:THE DIVISIONAL FOREST OFFICER
               KACHUGAON DIVISION
               GOSSAIGAON
               PIN- 783360.

              7:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
               FINANCE (EX-II) DEPARTMENT
               DISPUR
               GUWAHATI-6
              ASSA

Advocate for the Petitioner   : MR S CHOUDHURY

Advocate for the Respondent : SC, FOREST




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                      ORDER

Date : 11.05.2022 Heard Mr. S Choudhury, learned counsel for the petitioner who submits that the

petitioner has been working as a causal worker in the establishment of the respondent No.6

since 01.10.1995. However, the petitioner has not been given the minimum scale of pay/fixed

wages as provided in paragraph-22 of the Judgment of the Division Bench in the case of

State of Assam -vs- Upen Das & 836 Ors passed in WA 45/2014, which was disposed on

08.06.2017.

2. The petitioner's counsel submits that as the petitioner has been working continuously

as a casual worker in the establishment of the respondent No.6, the petitioner's name should

have been included in the list of casual workers who would be eligible to receive fixed wages,

as provided in paragraph-22 of the Judgment and order passed in WA 45/2014.

3. Mr. RR Gogoi, learned counsel for the respondent Nos. 1, 2 and 3 and Mr. H Chaliha , Page No.# 3/3

learned counsel for the respondent No.7 submit that the writ petition should be dismissed as

the petitioner has not availed the alternative remedy available, inasmuch as, the petitioner

has not approached the respondent authorities by way of a representation, prior to coming to

this Court.

4. On considering the submissions made by the counsel for the parties, it is noticed that

the petitioner has not submitted any representation to the authorities with regard to his

grievance.

5. Accordingly, this Court is not inclined to entertain the present writ petition. The writ

petition is accordingly dismissed. However, the petitioner is given the liberty to file a

representation to the respondent No.3 with regard to his grievance, who shall thereafter take

a decision on the same, within a period of one month from the date of receipt of the

representation which shall be accompanied with a certified copy of this order.

The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant