Rabijul Alom vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2075 Gua

Citation : 2023 Latest Caselaw 2075 Gua
Judgement Date : 19 May, 2023

Gauhati High Court

Rabijul Alom vs The State Of Assam And 4 Ors on 19 May, 2023

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GAHC010040732023




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

                           Case No. : WP(C)/1301/2023

         RABIJUL ALOM
         S/O- RIAJ UDDIN,
         VILL. BURUNGA PT.-I,
         P.O.- TIKARBURUNGA, P.S.- KATIGORAH,
         DIST.- CACHAR, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF
         ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
         DISPUR, GUWAHATI-6.

         2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT
          JURIPAR
          PANJABARI

         GUWAHATI- 37.

         4:THE CHIEF EXECUTIVE OFFICER
          CACHAR ZILLA PARISHAD
          P.O. AND P.S.- SILCHAR

         DIST.- CACHAR
         ASSAM
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            PIN- 788103.

            5:THE BLOCK DEVELOPMENT OFFICER
             KALAIN DEVELOPMENT BLOCK
             P.O.- HILARA
             P.S. KATIGORAH

            DIST.- CACHAR
            ASSAM
            PIN- 788817

Advocate for the Petitioner   : MR. A M S MAZUMDER

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

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

19.05.2023 Heard Mr. A. M. S. Mazumder, the learned counsel for the petitioner and Mr. P. Handique, the learned counsel appearing on behalf of the Panchayat and Rural Development (P&RD) Department as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department.

2. The case of the petitioner herein is that the petitioner is entitled to the benefit of the judgment passed by the Division Bench of this Court on 08.06.2017 in the case of State of Assam vs. Upen Deka & Others, reported in 2020 (5) GLT 605.

3. From a perusal of the orders passed by this Court on 13.03.2023 and 27.03.2023 and the document on record marked with the letter "X", it appears that the petitioner's name was also forwarded by the P&RD Department after due verification that the petitioner is entitled to the Page No.# 3/4

minimum of the scale of pay as directed by the Division Bench in the case of Upen Deka (supra).

4. Today, Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department submits that pursuant to the judgment of the Division Bench in the case of Upen Deka (supra), the Finance Department has already approved total number of 13821 workers for payment of the minimum of the scale of pay. However, on account of the submission of the additional list by three Departments, i.e. the P&RD Department; Hill Area Department and Irrigation Department, over and above the original list, it has resulted in difficulties faced by the Finance Department, and as such, no final decision has yet been taken for extending the minimum of the scale pay to additional/pending lists of different Departments including the P&RD Department.

5. This Court, upon hearing the learned counsels for the parties, finds it relevant to take note of paragraph No.22 of the judgment of the Division Bench in the case of Upen Deka (supra) wherein there is a specific direction to the State Government to pay the minimum of the pay scale to Muster Roll Workers, Work Charged employees and similarly placed employees working since last more than 10 years (not in sanctioned post) w.e.f 01.08.2017. Paragraph No.22 of the said judgment, being relevant, is reproduced herein below:-

"22. It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Page No.# 4/4

Accidental and Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken as welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017."

6. In view of the above direction so passed by the Division Bench of this Court in the case of Upen Deka (supra), this Court finds that no liberty is given to the Finance Department not to grant the benefits to the minimum of the scale of pay to those persons who are covered within the ambit of paragraph No.22 of the said judgment. It further appears that the P&RD Department, while sending the details of the petitioner along with others, has categorically mentioned that the date of engagement of the petitioner was on 20.08.2005 and his length of service till 2007, was 12 years. Under such circumstances, this Court, therefore, gives another chance to the Finance Department to do the needful in terms with the paragraph No.22 of the said judgment in the case of Upen Deka (supra) in so far as the petitioner is concerned.