Gauhati High Court
Bipul Ch Deka And 5 Ors vs The State Of Assam And 6 Ors on 30 May, 2022
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GAHC010092582022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3532/2022
1: BIPUL CH DEKA AND 5 ORS
S/O. LT. SAOTA RAM DEKA, R/O. VILLAFE GAKHIRKHOWAPARA, P.O.
JANARAMCHOWKA, P.S. MANGALDAOI, DIST. DARRANG, ASSAM, PIN-
784529.
2: PRABIN CH. RAJBONGSHI
S/O. LT. RAHESWAR DEKA
VILL. GAKHIRKHOWAPARA P.O. JANARAMCHOWKA
P.S. MANGALDAI DIST. DARRANG
3: ARCHINI KALITA
S/O. ACHYUT KALITA
R/O. VILL. BARERI P.O. DEOMORNOI
P.S. SIPAJHAR DIST. DARRANG PIN-784147.
4: RANJIT KALITA
S/O. SRI JAYANTA KALITA
VILL. BARERI P.O. DEOMORNOI P.S. SIPAJHAR
DIST. DARRANG PIN-784147.
5: DILIP KR. DEKA
S/O. SRI JOYRAM DEKA
VILL. PAKABANGIPARA P.O. BORDOLGURI
P.S. SIPAJHAR DIST. DARRANG PIN-784145.
6: TAPAN CH. RAJBONGSHI
S/O. SRI JAGAT RAJBONGSHI
VILL. AND P.O. KEMDUGURI DIST. DARRANG
VERSUS
1: THE STATE OF ASSAM AND 6 ORS
REP. BY THE ADDL. CHIEF SECRETARY, ENVIRONMENT AND FOREST
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DEPTT., DISPUR, GUWAHATI-781006.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR GUWAHATI-781006.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FORESTS FORCE ASSAM ARANYA BHABAN PANJABARI GUWAHATI-
781037.
4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE)
ASSAM BASISTHA GUWAHATI-781029.
5:THE COUNCIL HEAD OF DEPTT. AND ADDL. PRINCIPAL CHIEF
CONSERVATOR OF FORESTS BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR.
6:THE DIVISIONAL FORESTS OFFICER, UDALGURI FOREST DIVISION
BORDOLOAND TERRITORIAL COUNCIL UDALGURI.
7:THE DIVISIONAL FORESTS OFFICER
MANGALDAI DIVISION MANGALDAI
Advocate for the Petitioner : MR. J SARMAH
Advocate for the Respondent : SC, FOREST
-BEFORE-
HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 30-05-2022
Heard Mr. J. Sarmah, learned counsel for the petitioners, who
submits that the petitioners have been engaged as Casual Workers in the
year 1993-94, in the Environment & Forest Department under the
Government of Assam. He submits that the petitioners should be given the
benefits as provided in Paragraph 22 of the judgment of the Division Bench
in the case of The State of Assam & Ors. -Vs- Shri Upen Das & 836
Ors., Writ Appeal No.45/2014, which was disposed of on 08.06.2017.
The petitioners' counsel submits that a direction should be issued
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to the respondent authorities to consider the petitioners' case for grant of
minimum scale of pay in terms of Paragraph 22 of the judgment passed by
the Division Bench of this Court in Writ Appeal No.45/2014.
Mr. S.M. Hassan, learned counsel for the Forest Department and Mr.
P. Nayak, learned counsel for the Finance Department submit that they have
got no objection with the prayer made by the petitioners' counsel, provided
that the petitioners submit individual representations.
On considering the submissions made by the learned counsel for
the parties, the petitioners are given the liberty to submit individual
representations to the respondent No.3, with regard to their grievance
within a period of 1(one) month from today. The respondent No.3 shall
thereafter examine the petitioners' representation with regard to their claim
for benefits in terms of Paragraph 22 of Writ Appeal No.45/2014 and take a
decision thereof, within a period of 4(four) months from the date of receipt
of a certified copy of this order, which shall be accompanied by copies of
the individual's representations. If the respondents come to a conclusion
that the petitioners are entitled to the benefits of Paragraph 22 of the
Division Bench judgment in Writ Appeal No.45/2014, the benefits should be
given to them. The decision taken by the respondents, especially the
respondent No.3, shall be communicated to the petitioners.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
