Page No.# 1/4 vs The State Of Assam And 6 Ors
2023 Latest Caselaw 3120 Gua

                                                         Page No.# 1/4

GAHC010228902022




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

                          Case No. : WP(C)/7201/2022

         RAJANI CHOUDHURY AND 2 ORS
         S/O- LATE MADHAB CHOUDHURY,
         R/O- VILLAGE- ATHARA,
         P.O.- PUTHIMARI, KAMRUP(R),
         ASSAM, PIN- 781380.

         2: NAKUL DAS
          S/O- LATE BASANTA RAM DAS

         R/O- VILLAGE- NO. 2 DOBOK

         P.O. DOBOK
          RANGIA

         DISTRICT- KAMRUP(R)
         ASSAM

         PIN- 781380.

         3: PULAK BARMAN
          S/O- LATE RAMESH BARMAN

         R/O- KHATA RUPIA BATHAN

         P.O. CHAMATA

         DISTRICT- NALBARI
         ASSAM

         PIN- 781306

         VERSUS

         THE STATE OF ASSAM AND 6 ORS
                                                     Page No.# 2/4

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
WATER RESOURCES DEPARTMENT,
ASSAM SACHIVALAYA, DISPUR,
GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
 FINANCE DEPARTMENT
 DISPUR

ASSAM SACHIVALAYA
GUWAHATI- 6.

3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVRENMENT TO THE
GOVERNMENT OF ASSAM
WATER RESOURCES DEPARTMENT

ASSAM SACHIVALAYA

DISPUR
GUWAHATI- 781006.

4:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
 BASISTHA
 GUWAHATI

DISTRICT- KAMRUP
ASSAM

PIN- 781029.

5:THE ADDITIONAL CHIEF ENGINEER

LOWER ASSAM ZONE
WATER RESOURCES DEPARTMENT

BASISTHA
GUWAHATI
ASSAM

PIN- 781029.

6:THE EXECUTIVE ENGINEER

GUWAHATI WEST WATER RESOURCE DIVISIONS
                                                                       Page No.# 3/4

            BHARALUMUKH

            GUWAHATI
            PIN- 781009.

            7:THE SUB DIVISIONAL OFFICER

             RANGIA WATER RESOURCES DEPARTMENT

            DISTRICT- KAMRUP
            ASSAM

            PIN- 781301

Advocate for the Petitioner   : MR. R MAZUMDAR

Advocate for the Respondent : SC, WATER RESOURCE




                                    BEFORE
                        HONOURABLE MR. JUSTICE KARDAK ETE

                                        ORDER

Date : 14-08-2023

Heard Mr. H. Bezbarua, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned Standing counsel for the Finance Department and Mr. C. Sharma, appearing on behalf of Mr. R. M. Das, learned Standing counsel for Water Resource Department.

On perusal of the affidavit filed by the respondent no. 4, the appointment of the petitioners has been clearly admitted to be on 01.06.1993; 01.03.1994 and 01.03.1995. If the stand of the State respondents that they were appointed on the aforesaid dates is correct, this Court is of the prima facie view that the petitioners are entitled to be considered for payment of minimum pay scale in terms of the judgment of this Court in WA No. 45/2014, in the case of Shri Upen Das & Ors V. State of Assam & Ors and the judgment of the Hon'ble Supreme Page No.# 4/4

Court in the case of State of Punjab and Ors v. Jagjit Singh and Ors reported in (2017) 1 SCC 148.

However, the learned Standing counsel for Water Resource Department, Mr. R. M. Das is not present and Mr. C. Sharma, learned counsel appearing on his behalf is reportedly not a Government appointed counsel.

In view of the above, Mr. C. Sharma shall apprise his senior Mr. R. M. Das to take clear instruction on the issue including the date of appointment of the writ petitioners, on the next date fixed.

List the matter after one week.

JUDGE

Comparing Assistant