Ali Haidor Barbhuiya vs The State Of Assam And 4 Ors
2023 Latest Caselaw 1013 Gua

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GAHC010050712023




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

                          Case No. : WP(C)/1342/2023

         ALI HAIDOR BARBHUIYA
         S/O- LATE MASHROF ALI BARBHUIYA,
         VILL- NEARGRAM PART I,
         P.O- NEARGRAM,
         DIST- CACHAR, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMMISSIONER AND SECRETARY OF THE GOVT. OF ASSAM,
         ENVIRONMENT AND FOREST DEPARTMENT
         DISPUR, GUWAHATI-06., ASSAM

         2:THE PRINCIPAL SECRETARY
         TO THE GOVERNMENT OF ASSAM

         DEPARTMENT OF FINANCE
         DISPUR

         GUWAHATI-06.

         3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
         AND HEAD OF FOREST FORCE
         ASSAM

         ARANYA BHAWAN
         PANJABARI ROAD
         GUWAHATI
         ASSAM
         PIN- 781037.

         4:THE CHIEF CONSERVATOR OF FOREST
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             SOUTHERN ASSAM CIRCLE
             SILCHAR-01

            5:THE DIVISIONAL FOREST OFFICER
             KARIMGANJ DIVISION
             KARIMGAN

Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent : SC, FOREST

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

15.03.2023

Heard Ms. R. Choudhury, the learned counsel for the petitioner and Mr. D. Gogoi, the learned counsel appearing on behalf of the respondent Nos.1, 3, 4 & 5 as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the respondent No.2.

Issue notice making it returnable on 03.04.2023.

As the respondents are duly represented by their respective counsels, extra copies of the writ petition be served upon them within 3 (three) days.

The case of the petitioner in brief is that the petitioner has been working as casual worker on daily basis under Karimganj Forest Division since 1993. The petitioner claims that he is entitled to be treated similarly to the petitioners as directed by the Division Bench of this Court in its judgment dated 08.06.2017 in the case of State of Assam vs. Upen Das & 835 Others (WA No.45/2014). The petitioner, therefore, claims that the Page No.# 3/3

petitioner, being a casual worker, working in a non-sanctioned post for a period of more than 10 years prior to 01.08.2017, is therefore, entitled to the payment of minimum scale of pay which has not been paid by the respondent authorities for which the instant writ petition has been filed.

The learned counsel appearing on behalf of the Forest Department shall on the next returnable date apprise this Court as to why the petitioner has not been given the similar treatment in terms with the judgment and order dated 08.06.2017 passed in WA No.45/2014.

List accordingly.

JUDGE

Comparing Assistant