Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 14 November, 2022
Page No.# 1/4
GAHC010120792021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4285/2021
DEEP ADHIKARI AND 4 ORS
S/O DEBA KANTA ADHIKARI, R/O VILL-CHAMARIA, P.O.-PASCHIM
CHAMARIA, P.S.-BOKO, DIST- KAMRUP, ASSAM
2: DIPANKAR KALITA
S/O CHANDRA KALITA
R/O VILL-NAGARBERA
P.O. AND P.S.-NAGARBERA
DIST-KAMRUP
ASSAM
3: SAMSUL HOQUE
S/O APSER ALI
R/O VILL-BARUA PAHARTOLI
P.O.-BARUA PATHAR
P.S.-BOKO
DIST- KAMRUP
ASSAM
4: BISWAJIT MANDAL
S/O BRAJA GOPAL MANDAL
R/O VILL- 2 NO. MAKELI
P.O.-CHAMARIA
P.S.-BOKO
DIST-KAMRUP
ASSAM
5: SHAMEZUDDIN AHMED
S/O MANSU MOLLA
R/O VILL 3 NO. DAKHIN RONGPANI
P.O.-BODHAPATHAR
P.S.-BOKO
DIST- KAMRUP
ASSA
Page No.# 2/4
VERSUS
THE STATE OF ASSAM AND 4 ORS
THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (FC-II) DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-37
5:THE CHIEF EXECUTIVE OFFICER
KAMRUP ZILLA PARISHAD
PANBAZAR
GUWAHATI-78100
Advocate for the Petitioner : MR S DAS
Advocate for the Respondent : SC, PNRD
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 14.11.2022
Heard Mr. S.Das, learned counsel for the petitioner. Also heard Ms. M.Bora,
learned standing counsel, P&RD Department for respondent Nos. 1, 4 and 5 and
Mr. P.Nayak, learned standing counsel, Finance Department for respondent Nos.
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2 and 3.
2. The petitioners were appointed and working as Casual Workers as Tax
Collector/LDA in different Gaon Panchayat, in the Office of Chief Executive
Officer, Kamrup Zilla Parishad, Guwahati. Petitioners are aggrieved for non-
payment of the minimum of the pay scale in terms of the judgment and order
dated 08.06.2017, passed by the Division Bench of this Court in Writ Appeal
No.45/2014.
3. Being aggrieved, petitioners are before this Court praying for minimum of
the pay scale @ of Rs.15,900/- (fifteen thousand nine hundred)only per month
along with allowances and also for the arrear salary for the period from
01.08.2017 to 30.11.2018.
4. When the matter is called up, Mr. P.Nayak, learned standing counsel,
Finance Department, on instructions, submits that the case of all the 5(five)
petitioners have been approved by the Finance Department for payment of
minimum of the pay scale by order dated 10.09.2021. The said order is also
placed before this Court.
5. Recording the submissions made by the learned standing counsel, Finance
Department and also on consideration of the letter dated 10.09.2021, written by
the Commissioner & Secretary to the Government of Assam, Finance
Department, this writ petition is disposed of directing the respondent Nos. 1, 4
and 5 to immediately take steps in terms of the letter dated 10.09.2021 and pay
the minimum of pay scale to the petitioners within a period of 2(two) months
from the date of receipt of a copy of the order of this Court, if not already paid.
Further, respondents shall also consider the arrear salary in respect of the
petitioners for the period from 01.08.2017 to 30.11.2018 and pay the same to
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the petitioners at the earliest.
6. With the aforesaid directions, this writ petition is disposed of.
The order dated 10.09.2021 is placed on record.
JUDGE
Comparing Assistant
