Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 5 April, 2023
Page No.# 1/4
GAHC010073242023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1954/2023
SOVAN BARUAH AND ANR
S/O- LATE CHANDRA BARUAH, R/O- VILL- DHENUDHARA, GOHPUR, P.O.
AND P.S. GOHPUR DIST.- SONITPUR, ASSAM
2: NIKUMONI BORAH
D/O- LATE JALIRAM BORAH
R/O- VILL- NAPAMUA
P.O. HOWAJAN
DIST.- SONITPUR
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND
FAMILY WELFARE DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI- 781036
3:THE JOINT DIRECTOR OF HEALTH SERVICES
SONITPUR
TEZPUR
DIST.- SONITPUR
TEZPUR
ASSAM- 784001
4:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
GOHPUR PHC GOHPUR
DIST.- SONITPUR
ASSAM- 784168
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5:THE MEDICAL AND HEALTH OFFICER
HOWAJAN MCWC
HOWAJAN
DIST.- SONITPUR
ASSAM- 78416
Advocate for the Petitioner : MR. A GANGULY
Advocate for the Respondent : SC, HEALTH
BEFORE
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
Order
05-04-2023
Heard Mr. A. Ganguly, learned counsel for the petitioner. Also heard Mr. D.
Upamanyu, learned Standing Counsel, Health Department.
This writ petition is filed by the petitioners, who were engaged as casual
workers under the different Hospital Management Committee/Society under the
respondent Health Department. The petitioner no.1 has been working as Grade-
IV (casual worker) at Gohpur Sub-Divisional Civil Hospital from 01.01.2005 to till
date and the petitioner no.2 has been working as Grade-IV (casual worker) at
Howajan MCWC, Sonitpur from 24.09.2003 to till date. It is submitted that the
petitioners have been working for more than 15 years and they have also the
requisite educational qualifications, skill sets and experience. It is further
submitted that inspite of their entitlement, they have not been given the
minimum pay scales as has been done in respect of other similar workers.
Being aggrieved, the present writ petition has been filed seeking
appropriate orders from this Court.
It is submitted by the learned counsel for the petitioners that similar writ
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petition being WP(C) No. 7711/2016 was disposed of by the co-ordinate Bench
of this Court, which went on appeal being W.A. No. 206/2018 and the Division
Bench by judgment and order dated 25.08.2022 remanded the matter back to
the co-ordinate Bench for re-hearing and deciding the mater on merit. Pursuant
to the order of the Division Bench, the co-ordinate Bench heard the matter
again and disposed of the writ petition with the following directions.
"21. As can be seen from the contention of the learned counsels
for the parties and the contents of the preceding paragraphs, the only
issue left to be decided is as to whether the petitioners are entitled to the
payment of minimum scale of pay in terms of the judgment of the Division
Bench of his Court in W.A. No. 45/2014. In this respect, it has to be first
noted that no prayer to the said effect has been made by the petitioners
in the writ petition.
22. Be that as it may, paragraph No. 22 of the Division Bench
Judgment & Order dated 08.06.2017 passed in W.A. No. 45/2014 gives
a direction to the State Government to pay minimum of the pay scale to
Muster Roll Workers, Work-Charged Workers and similarly placed
employees working since the last more than 10 years (not in sanctioned
post) in light of the decision of the Apex Court in State of Punjab Vs. Jagjit
Singh, reported in (2017) 1 SCC 148.
23. As it appears, most of the petitioners have been engaged by
the Hospital Management Society and not by the State Government, and
only 5 out of the 29 writ petitioners are being given fixed wages.
Accordingly, this Court is of the view that the concerned Hospital
Management Committee/State respondents will have to consider the
giving of minimum scale of pay to the petitioners, provided they are still
working in the two Hospitals and are entitled to the same. Consequently,
the petitioners are given the liberty to submit individual representations to
the Superintendent of the two Hospitals, with regard to their claim for
payment of the minimum scale of pay. The concerned Superintendent,
being the Member Secretary of the concerned Hospital Management
Committee, shall thereafter place the same before the appointing
authority, who shall thereafter consider the case of the petitioners, with
regard to payment of the minimum scale of pay and make due payment,
if they are entitled to the same. The petitioners should submit their
individual representations within three weeks from today. Thereafter, the
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decision/s on the petitioners' representations should be made within a
further period of 3 (three) months from the date of receipt of a certified
copy of this order and the petitioners' representations."
Learned counsel for the parties submit that the issues involved in the
present writ petition are squarely covered by the judgment and order dated
10.11.2022 passed in WP(C) No. 7711/2016 as well as the order dated
29.03.2023 WP(C) No.5147/2022.
Accordingly, in terms of the judgment and order dated 10.11.2022 passed
in WP(C) No. 7711/2016 as well as the order dated 29.03.2023 passed in WP(C)
No.5147/2022, the present writ petition is also allowed directing the
respondents to determine the entitlement of the minimum scale of pay required
to be paid to the petitioners and thereafter, take appropriate steps to release
the same, if found to be payable to the petitioners.
The petitioners are at liberty to approach the concerned authority by filing
necessary representations along with a certified copy of this order.
The writ petition is disposed of in terms of the above.
No order as to costs.
JUDGE
Comparing Assistant
