Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 7 Ors on 27 September, 2023
Page No.# 1/8
GAHC010121432023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3486/2023
SHAHAJ UDDIN LASKAR AND 13 ORS
S/O- LATE ABDUL MAZID LASKAR,
VILL- HARINAGAR PT. III,
P.O.- RAJARTILLA,
P.S.- KATIGORAH,
DISTRICT- CACHAR, ASSAM,
PIN- 788805.
2: CHANDANA DAS
W/O SUBIR DAS
D/O- LATE KSHITISH CHANDRA PAUL
VILL- KATIGORAH PART-III
P.O.- KATIGORAH
DISTRICT- CACHAR
ASSAM
PIN- 788850.
3: NOOR MOHAMMED BARBHUIYA @ NUR MOHAMMED BARBHUIYA
S/O- SAMSIR UDDIN BARBHUIYA
VILL- ISLAMABAD
P.O.- BAGA BAZAR
P.S.- DHOLAI
DISTRICT- CACHAR
ASSAM
Page No.# 2/8
PIN- 788120.
4: LANGONMAI KABOI
W/O- LATE BOISINGH KABOI
D/O- LT. PALIANG KABOI
VILL.- KAGUILUANG NAGA COLONY
P.O.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788001.
5: SALIM UDDIN CHOUDHURY
S/O- LATE AKLIMUR RAJA CHOUDHURY
VILL- SONABARIGHAT PT-I
P.O.- SONABARIGHAT
DISTRICT- CACHAR
ASSAM
PIN- 788013.
6: BAHARUL ISLAM MAZUMDER
S/O- LATE BASIR UDDIN MAZUMDER
VILL- SONABARIGHAT PT.-I
P.O.- SONABARIGHAT
DISTRICT- CACHAR
ASSAM
PIN- 788013.
7: FARIZ UDDIN BARBHUIYA @ FARIZ UDDIN LASKAR
S/O- LATE SURMAN ALI BARBHUIYA
VILL- DHANEHARI PART-III
P.O. SILDUBI
P.S.- SONAI
Page No.# 3/8
DISTRICT- CACHAR
ASSAM
PIN- 788013.
8: JAYA SHIL
D/O- LATE AMULYA SHIL
R/O- LANE NO. 09. 2ND LINK ROAD
SILCHAR
P.O.- LINK ROAD
P.S.- RANGIRKHARI
SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788006.
9: MONJUL HOQUE LASKAR @ MANJUL HOQUE LASKAR
S/O- LATE NIMAR ALI LASKAR
VILL- KRISHNAPUR
P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788025.
10: BAPON NATH @ BAPAN NATH
S/O- LATE SUBODH NATH
VILL-DUDHPATIL PART-V
SILCHAR
P.O.- DUDHPATIL PART-V
P.S.- MALUGRAM
DISTRICT- CACHAR
ASSAM
PIN- 788003.
Page No.# 4/8
11: SARIMUL HAQUE LASKAR
S/O- LATE AZIR UDDIN LASKAR
VILL- UTTAR KRISHNAPUR PART-III
P.O.- UTTAR KRISHNAPUR
P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788006.
12: PRADHANTA BAGTI
S/O- LATE PARESH BAGTI
VILL- KAPTANPUR-V (CHHOTAMAMDA)
P.O.- CHHOTAMAMDA
P.S.- LAKHIPUR
DISTRICT- CACHAR
ASSAM
PIN- 788126.
13: GITA RANI ROY
W/O- LATE TAPAN KUMAR ROY
D/O- HEMENDRA KUMAR ROY
VILL- JIRIGHAT GRANT NATUN COLONY
P.O- JIRIGHAT
P.S.- JIRIGHAT
DISTRICT- CACHAR
ASSAM
PIN- 788104.
14: GAUTAM KAHAR
S/O- MOHAN KAHAR
R/O- DIGOR FULERTAL PART-II
Page No.# 5/8
P.O.- FULERTAL
P.S.- LAKHIPUR
DISTRICT- CACHAR
ASSAM
PIN- 788106
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
HEALTH AND FAMILY WELFARE DEPARTMENT,
DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
CACHAR
DIST.- CACHAR
ASSAM
PIN- 788013.
4:THE DEPUTY SUPERINTENDENT
MG KATIGORAH MODEL HOSPITAL
KATIGORAH
DIST.- CACHAR
ASSAM
PIN- 788805.
5:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
DHOLAI BLOCK PHC
DHOLAI
CACHAR
DIST- CACHAR
ASSAM
788114.
6:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
Page No.# 6/8
SONAI PHC
CACHAR
DIST.- CACHAR
ASSAM
PIN- 788119.
7:THE DEPUTY SUPERINTENDENT
S.M. DEV CIVIL HOSPITAL
SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788001.
8:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
LAKHIPUR BPHC
LAKHIPUR
DIST.- CACHAR
ASSAM
PIN- 788103
Advocate for the Petitioner : MR. M DASGUPTA
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
27.09.2023
Heard Mr. S. Ali, learned counsel for the petitioners and Mr. D. Upamanyu,
learned Standing Counsel, Health Department.
This writ petition is filed by the petitioners, who were engaged as casual
workers under the various Hospital Management Committee/society under the
respondent health department. It is submitted that the petitioners have been
working for more than 12 years and they have also the requisite educational
qualifications, skill sets and experience. It is further submitted that inspite of
Page No.# 7/8
their entitlement, they have not been given the minimum pay scales as has
been done in respect of other similar workers. Being aggrieved, the present writ
petition has been filed seeking appropriate orders from this court. It is
submitted by the learned counsel for the petitioner that similar writ petition
being WP(C) No. 7711/2016 was disposed of by the co-ordinate bench of this
court, which went on appeal being W.A. No. 206/2018 and the Division Bench
by Judgment and order dated 25.08.2022 remanded the matter back to the co-
ordinate bench for re-hearing and deciding the matter on merit. Pursuant to the
order of the Division Bench, the Co-ordinate bench heard the matter again and
disposed of the writ petition with the following directions.
"21. As can be seen from the contention of the learned counsels for the
parties and the contents of the preceding paragraphs, the only issue left to be
decided is as to whether the petitioners are entitled to the payment of minimum
scale of pay in terms of the judgment of the Division Bench of his Court in W.A. No.
45/2014. In this respect, it has to be first noted that no prayer to the said effect has
been made by the petitioners in the writ petition.
22. Be that as it may, paragraph No. 22 of the Division Bench Judgment &
Order dated 08.06.2017 passed in W.A. No. 45/2014 gives a direction to the State
Government to pay minimum of the pay scale to Muster Roll Workers, Work-Charged
Workers and similarly placed employees working since the last more than 10 years
(not in sanctioned post) in light of the decision of the Apex Court in State of Punjab
Vs. Jagjit Singh, reported in (2017) 1 SCC 148.
23. As it appears, most of the petitioners have been engaged by the Hospital
Management Society and not by the State Government, and only 5 out of the 29 writ
petitioners are being given fixed wages. Accordingly, this Court is of the view that the
concerned Hospital Management Committee/State respondents will have to consider
the giving of minimum scale of pay to the petitioners, provided they are still working
in the two Hospitals and are entitled to the same. Consequently, the petitioners are
Page No.# 8/8
given the liberty to submit individual representations to the Superintendent of the
two Hospitals, with regard to their claim for payment of the minimum scale of pay.
The concerned Superintendent, being the Member Secretary of the concerned
Hospital Management Committee, shall thereafter place the same before the
appointing authority, who shall thereafter consider the case of the petitioners, with
regard to payment of the minimum scale of pay and make due payment, if they are
entitled to the same. The petitioners should submit their individual representations
within three weeks from today. Thereafter, the decision/s on the petitioners'
representations should be made within a further period of 3 (three) months from the
date of receipt of a certified copy of this order and the petitioners' representations."
The learned counsel for the parties submits that the issues involved in the
present writ petition are squarely covered by the judgment and order dated
10.11.2022 passed in WP(C) No. 7711/2016.
Accordingly, in terms of the judgment and order dated 10.11.2022 passed
in WP(C) No. 7711/2016, the present writ petition is also disposed of directing
the respondents to determine the entitlement of the minimum scale of pay
required to be paid to the petitioners and thereafter take appropriate steps to
release the same, if found to be payable to the petitioners.
The petitioners are at liberty to approach the concerned authority by filing
necessary representations along with a certified copy of this order.
The writ petition is disposed of in terms of the above.
No order as to costs
JUDGE
Comparing Assistant
