Page No.# 1/5 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 2318 Gua

                                                                      Page No.# 1/5

GAHC010200402022




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

                           Case No. : WP(C)/6832/2022

         ISLAMUDDIN AHMED AND 12 ORS
         S/O MD. TAHER ALI, R/O VILL- BATSOR, P.O.-BETSOR, P.S.-BELSOR, DIST-
         NALBARI, ASSAM, PRESENTLY WORKING AS CHOWKIDER, CASUAL
         EMPLOYEE IN THE BARKHETRI ICDS PROJECT, NALBARI

         2: SAYEDUR RAHMAN
          S/O LATE HAIDAR ALI
          R/O VILL- BALSOR
          P.O.-BELSOR
          P.S.-BETSOR
          DIST- NALBARI
         ASSAM
          PRESENTLY WORKING AS CHOWKIDER
          CASUAL IN THE OFFICE OF THE DSWO
          NALBARI

         3: SAJIBUR RAHMAN BARBHUIYA
          S/O AZIR UDDIN BORBHUYAN
          R/O VILL-MAHERPUR
          P.O.-MAHERPUR
          DIST-CACHAR
         ASSAM
         WORKING AS SWEEPER (CASUAL) IN THE OFFICE OF THE D.P.O.
          CACHAR

         4: NARAYAN CHANDRA BARUAH
          S/O LATE KANDARA BARUA
          R/O VILL- KANLORA
          P.O.-BARGHUR
          P.S.-KOLONI
          DIST- NAGAON
         ASSAM
          PRESENTLY WORKING AS NIGHT CHOWKIDAR
          CASUAL IN THE OFFICE OF THE D.S.W.O.
                                                             Page No.# 2/5


5: DULAN SUKLABAIDYA
 S/O LATE NANDA SUKLABAIDYA
 R/O VILL-JOYPUR
 NATUN BAZAR
 P.O.-JOYPUR
 RAJBAZAR
 DIST-CACHAR
ASSAM
 PRESNTLY WORKING AS NIGHT CHOWKIDER (CASUAL EMPLOYEE) IN
THE OFFICE OF THE RAJABAZAR I.C.D.S. PROJECT
 CACHAR
ASSAM

6: SMTI SARASWTI RABIDAS
W/O LATE LASMAN RABIDAS
 R/O VILL-PAILAPAUR
 P.O.-PAILAPUR
 P.S.-LAKHIPUR
 DIST- CACHAR
ASSAM
 PRESENTLY WORKING AS SWEEPER (CASUAL EMPLOYEE) IN THE
OFFICE OF THE LAKHIPUR I.C.D.S. PROJECT
 CACHAR
ASSAM

7: JAKIR HUSSAIN
 S/O LATE ABDUL SATTAR
 R/O VILL-SRIKONA
 P.O.-SRIKONA
 P.S.-SILCHAR
 DIST-CACHAR
ASSAM
 PRESENTLY WORKING AS NIGHT CHOWKIDER
 (CASUAL) IN THE OFFICE OF THE SALCHAPARA I.C.D.S PROJECT
 CACHAR
ASSAM

8: BIRESWAR KALITA
 S/O LATE MEGHO RAM KALITA
 R/O VILL- UDAYPUR
 P.O.-JONAI
 P.S.-JONAI
 DIST- DHEMAJI
 ASSAM
 PRESENTLY WORKING AS CASUAL EMPLOYEE IN THE MORKONG
I.C.D.S. PROJECT
 DHEMAJI
                                                      Page No.# 3/5


9: RAJKUMAR CHETRI
 S/O LATE MAN BAHADUR CHETRI
 R/O VILL- CHANDMARI
 P.O.-TEZPUR
 WARD NO. 19
 P.S.-LALMATI
 DIST- SONITPUR
 ASSAM
 PRESENTLY WORKING AS LOWER DIVISION ASSISTANT-CUM TYPIST
(CASUAL) IN THE OFFICE OF THE NAWBAICHA I.C.D.S. PROJECT
 LAKHIMPUR

10: JAGANNATH BAYAN
 S/O LATE BAHADUR BAYAN
 R/O VILL-CHAMARIA
 P.O.-CHAMARIA
 P.S.-BOKO
 DIST-KAMRUP
 ASSAM
 PRESENTLY WORKIN AS GRADE-IV CHOWKIDAR IN THE OFFICE OF THE
I.C.D.S. PROJECT
 CHAMARIA

11: MD. ABUL HUSSAIN SARKAR
 S/O LATE AZIZ ALI
 R/O VILL-BARKALIAZAR
 P.O.-BIYASPARA
 P.S.-CHIPAJHAR
 DIST-DARRANG
ASSAM
 PRESENTLY WORKING AS CHOWKIDAR UNDER THE BALWADI CENTRE
 MANGALDOI

12: SATYABAN DAS
 S/O LATE NAGEN DAS
 R/O CHAMARIA SATRA
 P.O.-CHAMARIA
 P.S.-BOKO
 DIST- KAMRUP
 ASSAM WORKING AS GRADE-IV (CHOWKIDER) UNDER THE CHAMARIA
I.C.D.S. PROJECT

13: JIBESWAR GOGOI
 S/O LATE DHANESWAR GOGOI
 R/O VILL-NA LOLHOW
 P.O.-NAOBOISHA
 P.S.-LAKHIMPUR
                                                                     Page No.# 4/5

             DIST-LAKHIMPUR
             ASSAM
             WORKING AS GRADE-IV NIGHT CHOWKIDE

            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            ASSAM, DISPUR, GUWHATI-781006, P.O.-ASSAM SACHIVALAYA, P.S.-
            DISPUR, DIST- KAMRUP (M), ASSAM

            2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM
             SOCIAL WELFARE DEPARTMENT
            ASSAM SECRETARIAT
             DISPUR
             P.O.-ASSAM SACHIVALAYA
             P.S.-DISPUR
             GUWAHATI-781006
             DIST- KAMRUP (M)
            ASSAM

            3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
             FINANCE DEPARTMENT
            ASSAM SECRETARIAT
             DISPUR
             P.O.-ASSAM SACHIVALAYA
             P.S.-DISPUR
             GUWAHATI-781006
             DIST- KAMRUP (M)
            ASSAM

            4:THE DIRECTOR
             SOCIAL WELFARE AND PROBATION
            ASSAM
             M.G. ROAD
             UZANBAZAR
             GUWAHATI-781001
             DIST- KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. CHARAN DEKA

Advocate for the Respondent : GA, ASSAM
                                                                              Page No.# 5/5

                                     BEFORE
                        HONOURABLE MR. JUSTICE SUMAN SHYAM

                                         ORDER

Date : 02-06-2023 Heard Mr. C. Deka, learned counsel for the writ petitioners. Also heard Mr. A. Chakraborty, learned Govt. Advocate, Assam who prays for 02 weeks further time, as last chance, to file affidavit.

It appears that due to the delay on the part of the department of Social Welfare in forwarding the names of the casual employees serving under the department, the benefit of minimum pay scale as available under the judgment of the Division Bench rendered in the case of State of Assam & Ors. Vs. Sri Upen Das & Ors. (WA No. 45/2014) has been denied to the petitioners by the finance department. It that be so, the matter requires urgent consideration by this Court. As such and on the request of Mr. Chakraborty, this matter is directed to be listed again on 16-06-2023, as a fixed item so as to enable him to file affidavit.

It is made clear that if no affidavit on behalf of the Director, Social Welfare Department is filed on or before the next date, he shall remain personally present before this Court, on the next date fixed.

A copy of this order be furnished to Mr. Chakraborty, learned Govt. Advocate, Assam.

JUDGE GS

Comparing Assistant