Gauhati High Court
Janmajit Das And 23 Ors vs The State Of Assam And 2 Ors on 18 August, 2025
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GAHC010160352025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/253/2025
1.JANMAJIT DAS AND 23 ORS
S/O JAGADISH RANJAN DAS, R/O HOUSE NO. 666, LAXMI BAZAR, HA PWD
QUARTER, WARD NO. 8, TOWN KARIMGANJ.
2: SUJAN CHAKRABORTY
S/O PARIKHIT CHAKRABORTY
VILL. BRAHMANSHASAN P.O. BRAHMANSHASAN
DIST. KARIMGANJ ASSAM PIN 788722
3: SAMIK DEB ROY
S/O SUDHIR DEB ROY
R/O SUDHIR COMPLEX LONGAI ROAD
P.O. SETTLEMENT ROAD AYALABARI T.E.
P.O. KARIMGANJ DIST. KARIMGANJ
ASSAM PIN 788712
4: PRITWISH DAS
S/O LT. PRIYADA RANJAN DAS
R/O NEAR NORTH KXJ BLOCK VILL. GARDARSHI
P.O. SADARASHI DIST. ASSAM PIN 788709
5: SUSHANTA DAS
S/O SAMARAJIT DAS
VILL. SADARASHI P.O. SADARASHI
SADARASHI PT 1 DIST. KARIMGANJ
ASSAM PIN 788709
6: IKBAL AHMED CHOUDHURY
S/O ABDUL MATIN CHOUDHURY
VILL. DIMPUR P.O. BISHNUNAGAR
DIST. KARIMGANJ ASSAM PIN 788781
7: SHAMIM AHMED
S/O SIRAJ UDDIN
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VILL. DEOPUR P.O. TILLA BAZAR KALACHERRA
DIST. KARIMGANJ ASSAM PIN 788709
8: ASHIQUE IQBAL CHOUDHURY
S/O EBADUL HOQUE CHOUDHURY
VILL. DASGRAM P.O. DASGRAM DIST. KARIMGANJ
ASSAM PIN 788722
9: SANJIB BHATTACHARJEE
S/O MANABENDRA BHATTACHARJEE
VILL. DASGRAM P.O. DASGRAM DIST. KARIMGANJ PIN 788722
10: SUJON AHMED
S/O ABDUL MALIK
VILL. SARONGDEOPUR P.O. MANIKGAJ BAR PURAHURIA PT I
DIST. KARIMGANJ ASSAM PIN 788712
11: MAHANTA CHAKRABORTY
S/O MONORANJAN CHAKRABORTY
VILL. MAIZGRAM P.O. MAIZGRAM DIST. KARIMGANJ
ASSAM PIN 788712
12: INDRAJIT DAS
S/O NAGENDRA CHANDRA DAS
R/O NABIN GRAM P.S. RAMKRISHNAGAR
P.O. NIZNABIN DIST. KARIMGANJ ASSAM PIN 788156
13: SARIFUL AMIN
S/O ABDUL MATIN
VILL. SINGUA FUL TALI P.O. BRAJENDRAPUR
SINGUA PT II DIST. KARIMGANJ ASSAM PIN 788156
14: SANJOY KUMAR DAS
S/O BIRESH CHANDRA DAS
VILL. CHAMELA P.O. CHAMELA BAZAR
DIST. KARIMGANJ ASSAM PIN 788166
15: RUPAK SHARMA
S/O HARENDRA SHARMA
R/O NEAR KALACHUP L.P. SCHOOL P/O RAMKRISHNA NAGAR
DIST. KARIMGANJ ASSAM PIN 788166
16: SANTANU CHOUDHURY
S/O SAMARENDRA CHOUDHURY
VILL. BALICHERRA P.O. RAMKRISHNA NAGAR
DIST. KARIMGANJ ASSAM PIN 788166
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17: RATISH CHANDRA ROY
S/O JUGENDRA CHANDRA ROY
VILL. KURIKALA P.O. BARUALA DIST. KARIMGANJ
ASSAM PIN 788734
18: ABHIJIT DEY
S/O HIRENDRA DEY
VILL. BANAMALI PT-I P.O. KARIMGANJ
DIST. KARIMGANJ ASSAM PIN 788710
19: NITAI DAS
S/O RAI CHARAN DAS
VILL. PATIRAKANDI P.O. MAHAKAL P.S. BADARPUR
DIST. KARIMGANJ ASSAM PIN 788701
20: NURUL ISLAM
S/O ABDUR RAHIM
VILL. HASANPUR P.O. HASANPUR DIST. KARIMGANJ
ASSAM PIN 788806
21: ALIM UDDIN
S/O ABDUL KHALIQUE
VILL. KAMALAPARA HOUSE NO. 106 UMARPUR PT II P.O. KARIMGANJ
DIST. KARIMGANJ ASSAM PIN 788806
22: NANDAN KUMAR DAS
S/O PRABITRA MOHAN DAS
VILL. GHORAMARA P.O. CHAITANYA NAGAR GHORAMARA PT-I
DIST. KARIMGANJ PIN 788713
23: SRIKANTA DAS
S/O KARUNAMAY DAS
VILL. NAYAPATAN P.O. BHANGA BAZAR P.S. BADARPUR
DIST. KARIMGANJ ASSAM PIN 788701
24: SUDIPTA PURKAYASTHA
VILL. MOINA P/S PATHARKANDI P.O. KANAI BAZAR
DIST. KARIMGANJ ASSAM PIN 78872
VERSUS
1.THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR,
GUWAHATI 6
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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR GUWAHATI 6
3:THE PROJECT DIRECTOR
DIST. RURAL DEVELOPMENT AGENCY (DRDA) CUM MEMBER
SECRETARY OF THE SELECTION BOARD SETTLEMENT ROAD
KARIMGANJ DIST. KARIMGANJ ASSAM
For the Appellant(s) : Mr. A. Dasgupta, Senior Advocate assisted by Mr. P.
Mazumder, Advocate.
For the Respondent(s) : Mr. S. Dutta, Standing Counsel, Panchayat and Rural
Development Department for respondent Nos.1 and 3.
: Mr. A. Chaliha, Standing Counsel, Finance Department for
respondent No.2.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
18.08.2025
(Ashutosh Kumar, CJ)
Heard Mr. A. Dasgupta, learned Senior Advocate assisted by Mr. P.
Mazumder, learned Advocate for the appellants and Mr. S. Dutta, learned
Standing Counsel, Panchayat and Rural Development Department, Assam.
The appellants/writ petitioners are aggrieved by the order of the learned
Single Judge of this Court dated 20.06.2025 passed in WP(C) No.4407/2023,
refusing to grant them parity of pay in accordance with the judgment in State
of Assam -Vs- Upen Das & Ors., 2020 (5) GLT 605.
The appellants have worked as Gram Rozgar Sahayaks and Computer
Assistants under a Scheme viz. Mahatma Gandhi National Rural Employment
Guarantee Act (MGNREGA). They were appointed in the year 2010, after an
advertisement was issued by the Project Director, Director of District Rural
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Development Agency, Karimganj in 2009. By around May, 2020, each one of the
appellants had completed 10(ten) years of continuous service.
They approached the learned Single Judge with the sole grievance that
despite their long services, they are not being given similar benefits as other
contractual employees working in different Government Departments.
Several representations preferred by them for that benefit have gone
unheeded.
A reference has been made in the memo of appeal that at one point of
time, the State Cabinet had taken a decision to grant similar benefits to
contractual employees of Panchayat and Rural Development Department.
This information was gathered through newspaper reports, which
ultimately was found to be incorrect.
Nonetheless, the learned Single Judge, on perusing the judgment of
Upen Das (supra) found that the benefit would be given to any Muster Roll,
Work-charge or similarly placed employee, who had worked for more than
10(ten) years, even when it was not against any sanctioned post, to be counted
from 01.08.2017 and, therefore, since the appellants/writ petitioners were
appointed by around April, 2010, would not come under the beneficial Scheme
of the Government for granting parity of pay.
In Upen Das (supra), the Court noted with approval the policy decision
to not terminate the Muster Roll/Work-charge/similarly placed employees
working for more than 10(ten) years till their normal retirement, except on
disciplinary ground, or on the grounds of criminal offences, but enlist them in
Health and Accidental and Death Insurance Scheme to be prepared in
consultation with the State Cabinet.
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In Upen Das (supra), the Court had directed the State Government to
implement the measures without any delay, including payment of minimum of
pay scale to Muster Roll Workers/Work-charge Workers and similarly placed
employees working since last 10(ten) years (not in sanctioned post), with effect
from 01.08.2017.
This Court would like to know whether any such Scheme for such
employees under the MGNREGA Scheme, who have worked for more than
10(ten) years, is under contemplation.
The State to respond by the next date.
Re-notify on 17.09.2025.
JUDGE CHIEF JUSTICE
Comparing Assistant
