[Cites 1, Cited by 0]
Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 17 December, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/5
GAHC010278312025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7262/2025
BIRAJ DAS AND 6 ORS
S/O LATE DEBEN DAS, VILL.-MADHAPUR, P.O.-ARIKUCHI, P.S.-
MUKALMUWA, DISTRICT- NALBARI, PIN-781339. (ENGAGED AS GRADE-IV
FIXED PAY EMPLOYEE SINCE 2006).
2: RITUMANI DAS
S/O SURENDRA NATH DAS
VILL.-KHEILAPARA
P.O.-BHATTAPARA
P.S.- AZARA
DIST.-KAMRUP (M)
PIN-781 017 (ENGAGED AS GRADE-IV FIXED PAY EMPLOYEE SINCE 2007)
3: SMTI RUNUMI KAKATI
D/O KAMINI MOHAN KAKATI
VILL.-2 NO. GORESWAR
P.O. AND P.S.-GORESWAR
PIN-781366
DIST. BAKSA
ASSAM. (ENGAGED AS GRADE-IV FIXED PAY EMPLOYEE SINCE 2009).
4: RAMESWAR DEKA
S/O LATE SASANDRA DEKA
LICHU BAGAN
HENGRABARI
GUWAHATI. (ENGAGED AS GRADE-IV FIXED PAY EMPLOYEE SINCE 2010).
5: SUNANDA DAS
S/O HARESWAR DAS
VILL.-BORGAON
P.O.-DORAKHARA
P.S.-KAMALPUR
DISTRICT- KAMRUP (M)
PIN-781 101. (ENGAGED AS GRADE-IV FIXED PAY EMPLOYEE SINCE 2009)
Page No.# 2/5
6: SMTI NILIMA KHATOON
W/O MD. MAJIBUR RAHMAN
VILL.-BONGAON
P.O. AND P.S.-RANGIA
DIST.-KAMRUP
PIN-781354. (ENGAGED AS GRADE-IV FIXED PAY EMPLOYEE SINCE 2011).
7: NITUMONI BEZBARUA
S/O LATE LAKSHMI BEZBARUAH
P.O. AND P.S.-NOONMATI
DISTRICT- KAMRUP (M)
BYE LANE NO. 12
HOUSE NO. 5
PIN-781020. (ENGAGED AS GRADE-IV FIXED PAY EMPLOYEE SINCE 2009)
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, SECRETARIAT ADMINISTRATION (NAZARAT)
DEPARTMENT, DISPUR, GUWAHATI- 781006, DIST.- KAMRUP (M), ASSAM.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FINANCE (EC-II) DEPARTMENT
DISPUR
GUWAHATI 781006
DIST.-KAMRUP (M)
ASSAM
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
GENERAL ADMINISTRATION (SECRETARIAT NAZARAT) DEPARTMENT
DISPUR
GUWAHATI- 781006
DIST.-KAMRUP (M)
ASSAM
4:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (ESTT-B) DEPARTMENT
DISPUR
GUWAHATI-781006
DIST.-KAMRUP (M)
ASSA
Page No.# 3/5
Advocate for the Petitioner : MR. N N B CHOUDHURY,
Advocate for the Respondent : SC, GAD,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
17.12.2025
Heard Mr. N.N.B. Choudhury, learned counsel for the petitioners. Also
heard Mr. A Phukan, learned Standing Counsel, GAD and Mr. B Gogoi, learned
Additional Advocate General, Assam.
The petitioners before this Court are aggrieved by the order dated
14.11.2025, whereby the Department although has agreed for enhancement of
the remuneration to 16,400/- per month for fixed pay employees such as the
writ petitioners but the same is subject to furnishing an undertakings from these
petitioners to the effect that they will not, at any time in future will claim
regularization of their services. The petitioners before this Court are Grade-IV
employees on fixed pay basis in the Office of the Assam Secretariat. They are
currently earning a fixed pay of Rs.9,000/- (Nine Thousaand) per month and
which in terms of the policy decision taken by the Government has been revised
to Rs.16,400/- per month. However, the petitioners are aggrieved that the said
amount will be payable to them only upon furnishing an undertaking by them to
the effect mentioned in the order dated 14.11.2025 and pursuant to the said
order dated 14.11.2025 consequential orders have been issued and a form of
undertaking has also been circulated. The claims of the writ petitioners are that
on the same date i.e. 14.11.2025 Muster Roll, Casual Fixed Pay and other
similarly placed workers engaged prior to the AFRBM period have been given
Page No.# 4/5
the benefit as directed in the judgment of " State of Assam Vs. Shri. Upen Das"
reported in 2020 (5) GLT 605, whereby those employees are being granted the
minimum of pay scale including dearness allowance, medical allowance annual
increment and House Rent Allowances. The petitioners, therefore, are aggrieved
that although the petitioners are similarly situated employees like the employees
who have been granted the benefits under Upen Das (supra), however,
insistence on the undertakings by the respondents from the petitioners, in order
to make them eligible for grant of enhanced pay has the effect of depriving
them from the benefits to which they are otherwise entitled to in terms of the
judgment and order rendered in Upen Das (Supra).
The learned counsel for the petitioners, therefore, submits that the
respondent Department be directed to grant the enhanced pay without insisting
the undertaking.
Mr. B Gogoi, learned Additional Advocate General, Assam, submits that
this is a policy decision of the State. The writ petitioners will be granted the
enhanced pay only upon furnishing the undertaking.
Taking into consideration the submissions made by the learned counsel for
the parties, issue Notice, returnable by 4 (four) weeks.
Since Mr. B. Gogoi, learned Additional Advocate General, Assam and Mr. A
Phukan, learned Standing Counsel, GAD represents all the respondents, notices
are waived. However, extra copies be furnished to them within 3 (three) working
days from today.
The respondents will ensure that the writ petitioners are granted
enhanced pay and if any undertaking as insisted are executed by the writ
Page No.# 5/5
petitioners, the same shall not preclude the claims raised and urged in the
present writ petition.
List the matter again on 30.01.2026.
JUDGE
Comparing Assistant
