Gauhati High Court
Diganta Baro And 71 Ors vs The State Of Assam And 5 Ors on 19 November, 2024
Page No.# 1/4
GAHC010028562015
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7919/2015
DIGANTA BARO and 71 ORS
S/O SRI KANURAM BARO, VILL. KATHALARTARY, P.O. SARUTAPA, DIST-
BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
ENVIRONMENT and FOREST DEPTT., ASSAM SECRETARIAT, DISPUR, GHY-
6
Advocate for the Petitioner : MR.M M DEKA, MR.U C RABHA,MR.S M SARMA
Advocate for the Respondent : MR.R K BORA, SC, FOREST,SC, FINANCE
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 19.11.2024
Heard Mr. U.C. Rabha, learned counsel for the petitioner. Also
heard Mr. I. Borthakur, learned Standing Counsel Forest Department
and Mr. P. Nayak, learned Standing Counsel Finance Department.
2. By way of this petition under Article 226 of the Constitution of
India, the petitioners are seeking direction to prepare a list of the
petitioners who were working prior to 01.04.1993, but were left out in
earlier list and initiate the process onward for consideration of approval
of their names for engagement as casual workers on revised fixed pay
scale under the subject scheme undertaken.
3. The case of the petitioner is that the petitioner were working as
casual worker at fixed monthly wages which was enhanced from time
to time under the establishment of Divisional Forest Office (Social
Forestry), Barpeta Division, since the time prior to 01.04.1993. The
Environment and Forest Department, Government of Assam rolled out
a scheme with concurrence of the Finance (EC-1) Department,
Government of Assam for regular engagement of casual worker on
fixed monthly wages who were working since prior to 01.04.1993. It is
the further case of the petitioner that the Forest Department
accordingly by letter dated 18.10.2008 directed the respective
Divisional Forest Officer to compile and prepare list of names of casual
workers of pre 01.04.1993. In pursuant of the aforesaid letter, the
jurisdictional Divisional Forest Officer prepared the list of names and
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sent the same to the higher authority concerned for onward action.
However, the names of the petitioners were left out in the list of
names sent. Thereafter, the respondent no. 3 issued a reminder letter
dated 27.09.2010 to the respective jurisdictional Division Forest
Officers to prepare a list of left out casual workers and send the same
to the higher authority. Though the names of the petitioners were
included in the list of left out casual workers, however, it is the specific
case of the petitioner that later on they came to know from office
source that the list of left out casual workers having their names has
been returned by the authority concerned by letter dated 09.12.2014
for which the present writ petition has been filed.
4. Mr. U.C. Rabha, learned counsel for the petitioner submits that this
Court earlier in WPC no. 7046 of 2013 in the case of similarly situated
persons by Judgment and Order dated 03.03.2014 directed the
Principal Chief Conservator of Forest to conduct an enquiry relating to
the entitlement of the petitioners therein who are similarly situated like
that of the petitioners for fixed wages. He accordingly submits that the
said Judgment and order dated 03.03.2014 squarely covers the issue
in hand.
5. Per contra Mr. I. Borthakur, learned Standing Counsel Forest
Department submits that though the affidavit of the jurisdictional
Divisional Forest Officer indicates that the names of the petitioner has
been sent in the list of left over, left out category, the Finance
Department has raised dispute to the said list. However, he fairly
submits that the present case can also be disposed of in similar line as
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that of WP(C) no. 7046 of 2013.
6. Heard the learned Counsels for both the parties and perused the
material available on record.
7. Having regard to the aforesaid endorsements made by the learned
counsel for the parties, the writ petition is disposed of by directing the
Principal Chief Conservator of Forest (respondent no. 3) to conduct an
enquiry relating to the entitlement of petitioners for fixed wages as
claimed by the them along with other similarly placed persons.
8. The said report shall be submitted to the Commissioner &
Secretary, Government of Assam, Forest Department within a period of
3 (three) months from today. The Commissioner & Secretary, Forest
Department thereafter shall send the same to the Finance Department
seeking necessary approval, if required at all. The entire exercise is
directed to be completed within a period of 3 (three) months from the
date of production of the certified copy of the order passed today to
be produced by any of the petitioners before the respondent no. 3.
9. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
