Page No.# 1/4 vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4576 Gua

                                                                Page No.# 1/4

GAHC010221902023




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

                          Case No. : WP(C)/6454/2023

         HAFIZUL RAHMAN AND 9 ORS
         S/O ABDUL AWAL HOQUE, R/O VILL-SATSIA KHAMAR, P.O.-KHALISA
         BHITA, DIST-GOALPARA, ASSAM

         2: AKRAM HUSSAIN
          S/O AMIR HUSSAIN
          R/O VILL AND P.O.-KOLSIRVITA
          DIST-GOALPARA
         ASSAM

         3: MOZIBAR RAHMAN
          S/O KAMAL UDDIN
          R/O VILL AND P.O.-KOLSIRVITA
          DIST-GOALPARA
         ASSAM

         4: MONOWAR HUSSAIN
          S/O ABDUL HOQUE
          R/O VILL-SAILDHORA
          P.O.-TULSIBARI
          DIST-GOALPARA
         ASSAM

         5: SHONSER ALI
          S/O NABAB ALI
         VILL-KULSABHANG
          P.O.-CHANAN
          DIST-GOALPARA
         ASSAM

         6: SANOWAR HUSSAIN
          S/O AMIR ALI
         VILL-SOPARIVITA
          P.O.-TULSHIBARI
                                                      Page No.# 2/4

DIST-GOALPARA
ASSAM

7: MAZNU HOQUE
 S/O SOYOD ALI
VILL-KULSABANGA
 P.O.-CHUNARI
 DIST-GOALPARA
ASSAM

8: IBRAHIM ALI
 S/O SAGOR ALI
VILL-DIALDORA
 P.O.-CHUNARI
 DIST-GOALPARA
ASSAM

9: ASHRAFUL ISLAM
 S/O SHER ALI
VILL-SUPARIVITA
 P.O.-TULSIBARI
 DIST-GOALPARA
ASSAM

10: WAHEDUR RAHMAN
 S/O PASHAN UDDIN AHMED
VILL-BARBHITA
 P.O.-KHANGRA
 DIST-BARPETA
ASSA

VERSUS

THE STATE OF ASSAM AND 4 ORS
THROUGH THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-781006

2:THE SECRETARY TO THE GOVT. OF ASSAM
 FINANCE DEPARTMENT
 DISPUR
 GUWAHATI-781006

3:THE COMMISSIONER
 PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
 PANJABARI
 JURIPAR
                                                                           Page No.# 3/4

             GUWAHATI-37

            4:THE JOINT DIRECTOR
             OFFICE OF THE COMMISSIONERATE
             PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
            ASSAM
             PANJABARI
             JURIPAR
             GUWAHATI-781037

            5:THE CHIEF EXECUTIVE OFFICER
             GOALPARA ZILLA PARISHAD
             P.O.-GOALPARA
             DIST-GOALPARA
            ASSA

Advocate for the Petitioner   : MR S DAS

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




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 10.11.2023

Issue notice, making it returnable on 11.12.2023. Mr. P. B. Handique, learned counsel appears on behalf of respondent nos. 1, 3, 4 and 5. Mr. R. Barpujari, learned counsel appears on behalf of respondent no. 2.

As the respondents are duly represented, extra copies of the writ petition be served upon the learned counsel for the respondents by 14.11.2023.

The case of the writ petitioners herein is that the petitioners were employed under the Panchayat and Rural Development Department, Assam, as Casual/Muster Roll Workers prior to 01.09.2005 and they are entitled to the benefits of the minimum scale of pay @ Rs. 15,900/-, per month, along with Medical Allowance @ Rs. 600/-, per month as per the judgment dated 08.06.2017, passed by the Division Bench of this court in WA No. 45/2014 (The State of Assam vs. Sri Upen Das). Being aggrieved Page No.# 4/4

by the inaction on the part of the respondent authorities in not granting the petitioners the minimum scale of pay as per the judgment of the Division Bench in the case of Upen Das) (supra), the petitioners have approached this Court.

Learned counsel appearing on behalf of the respondents shall obtain instructions as to why the petitioners had not been paid in terms of the judgment of the Division Bench of this Court in the case of Upen Das (supra).

List accordingly.

JUDGE

Comparing Assistant