Page No.# 1/4 vs The State Of Assam And 5 Ors
2023 Latest Caselaw 186 Gua

                                                                        Page No.# 1/4

GAHC010106372022




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

                           Case No. : WP(C)/3710/2022

         HABEL UDDIN AND ANR
         S/O. AMAN ALI, VILL. BOYZER ALGA PT-VI, P.O. BONDIHANA, P.S.
         FAKIRGANJ, DIST. DHUBRI, PIN-783348.

         2: ABDUL BAREK SK @ ABDUL BAREK

          S/O. AJIMUDDIN SK
          VILL. MEJER ALGA PT-II
          P.O. JARUARCHAR
          P.S. FAKIRGANJ
          DIST. DHUBRI
          PIN-783339

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE PRINCIPAL SECRETARY, GOVT. OF ASSAM, PANCHAYAT AND
         RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECY.

          GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI-06.

         3:THE COMMISSIONER

          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          GOVT. OF ASSAM
          PANJABARI
          JURIPAR
          GUWAHTI
          ASSAM.
                                                                               Page No.# 2/4


             4:THE JOINT DIRECTOR

             PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
             GOVT. OF ASSAM
             PANJABARI
             JURIPAR
             GUWAHATI
             ASSAM.

             5:THE CHIEF EXECUTIVE OFFICER

             DHUBRI ZILA PARISHAD
             DHUBRI
             ASSAM.

             6:THE BLOCK DEVELOPMENT OFFICER

             BIRSHING JARUWA DEVELOPMENT BLOCK
             DIST. DHUBRI
             ASSAM

Advocate for the Petitioner   : MR. T SK

Advocate for the Respondent : SC, P AND R.D.




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                           ORDER

18.01.2023

Heard Mr. T. S.K, learned counsel for the petitioners and Mr. N.K. Dev Nath,

learned Addl. Standing Counsel3 appearing for the P&R.D. who are arrayed as

respondent Nos. 1 to 6 except respondent No. 2. Also heard Mr. R. Borpujari, learned

counsel appearing for the Finance Department, respondent No. 2.

The respondents have not filed their counter affidavit but having regard to the

nature of issue involved, the writ petition is taken up disposal at this stage.

Page No.# 3/4

The basic case of the petitioners is that they have been engaged as Casual

Worker and working as Peon-cum-Chowkidar on honorary basis at 55 No. Boyzer Alga

Gaon Panchayat and at 56 No. Jaruarchar Gaon Panchayat under Dhubri Zilla Parishad,

Dhubri since 17.10.2005 and 01.03.2006 respectively. Although their names were

forwarded on being recommended to get fixed salary at par with similar other

engaged workers in the year 2019 but the Department concerned without any reason

dropped their names from their approved list, which was published on 03.01.2021.

Accordingly, they are before this Court.

Mr. T. S.K, learned counsel for the petitioners submits that the petitioners are

entitled to be given fixed wages at par with other similarly situated Casual Workers in

terms of the Division Bench judgment of this Court dated 08.06.2017 passed in Writ

Appeal No. 45/2014 (State of Assam -Vs- Upen Das & 835 Others) . He submits that

the representation submitted before the Chief Executive Officer, Dhubri Zilla Parishad,

Dhubri on 18.01.2022 has also not been considered and disposed of by the said

authority and therefore, appropriate direction may be issued by this Court.

On hearing the learned counsels for the parties and perusal of the materials

available on record, the writ petition is disposed of with a direction to the petitioner to

submit a fresh representation before the Commissioner, Panchayat and Rural

Development Department, Govt. of Assam (respondent No. 3) incorporating all the

relevant submissions and materials they would like to rely upon for making their claim

for payment of fixed wages at par with other similarly situated Casual Workers within Page No.# 4/4

a period of 20 days from today and the respondent No. 3 on receipt of the same shall

examine the representation and disposed of the same by way of a speaking order. If

the petitioners are found entitled to be given fixed wages in terms of the decision of

this Court in Upen Das & 385 Others (supra), the same shall be given to them without

further delay.

JUDGE

Comparing Assistant