Gauhati High Court
Baluram Gogoi vs The State Of Assam And 10 Ors on 10 April, 2023
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GAHC010224722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7397/2021
BALURAM GOGOI
S/O LT. RANJIT GOGOI (DHARANI)
R/O CHOWKHAMGHAT
P.O. AND P.S. GHILAMARA
DHAKUAKHANA LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 10 ORS.
TO BE REP. BY THE PRINCIPAL COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM
2:THE PRINCIPAL COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
ASSAM
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT (EC-II)
DISPUR
GUWAHATI-06
ASSAM
4:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
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GUWAHATI-6
ASSAM
5:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6
ASSAM
6:THE COMMISSIONER PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-22
ASSAM
7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-06
ASSAM
8:THE SECRETARY
FINANCE (ECONOMIC AFFAIRS) DEPARTMENT
DISPUR
GUWAHATI-6
ASSAM
9:THE JOINT DIRECTOR
O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-22
ASSAM
10:THE CHIEF EXECUTIVE OFFICER
LAKHIMPUR ZILLA PARISHAD
LAKHIMPUR
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
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PIN-787001.
11:THE LAKHIMPUR ZILLA PARISHAD
REP. BY ITS PRESIDENT
LAKHIMPUR
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMUR
ASSAM
PIN-78700
Advocate for the Petitioner : MR. P BOIRAGI
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 10.04.2023
Heard Ms. B. Talukdar, the learned counsel appearing on behalf of the
petitioner. Mr. N.K. Debnath, the learned Standing Counsel appears on behalf of
the P & RD Department. Mr. P. Nayak, the learned counsel appears on behalf of
the Finance Department.
The case of the petitioner herein is that the petitioner was appointed on
22/9/2005 and as per the judgment of the Division Bench in the case of State
of Assam Vs. Upen Das (Writ Appeal No. 45/2014) dated 8/6/2017 there
was a direction upon the respondent-State that all muster roll workers and
similarly placed casual workers appointed in non-sanctioned post would be
entitled to the minimum of scale of pay, who have been rendering service since
last more than 10 years (not in sanctioned post) w.e.f. 01/08/2017. The claim of
the petitioner however, has been rejected as could be seen from the affidavit
filed by the respondent No. 10 on the ground that the appointment of the
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petitioner was irregular appointment on account of post AFRBM. This Court
upon hearing the learned counsels for the parties have raised a specific query
upon the learned counsel appearing on behalf of the Finance Department as to
whether the directions passed by the Division Bench of this Court in Upen
Das(supra) is not required to be complied with, if a person is appointed post
AFRBM period, more so, when the Division Bench of this Court did not
distinguish at paragraph No. 22 of the said judgment in respect to employees
who were appointed prior and post the AFRBM period. Further to that, this
Court directs the learned counsel appearing on behalf of the Panchayat and
Rural Development Department as to whether the petitioners in W.P.(C) No.
1357/2016 whose names are reflected at page No. 50 (Annexure 1) to the
communication dated 1/2/2018 are receiving the minimum scale of pay as
directed by the Division Bench of this Court in Upen Das (supra).
List the matter on 8th of May, 2023.
Liberty is given to the petitioner to mention the matter for upgrading.
JUDGE
Comparing Assistant
