Page No.# 1/ vs The State Of Assam And 2 Ors
2025 Latest Caselaw 5612 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 2 Ors on 20 June, 2025

                                                               Page No.# 1/10

GAHC010149932023




                                                          2025:GAU-AS:8278

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

                           Case No. : WP(C)/4407/2023

         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, P.O.-KARIMGANJ, P.S.-
         KARIMGANJ, BONOMALI, DIST- KARIMGANJ, ASSAM, PIN-788710

         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
          LONGLAI ROAD
          P.O.-SETTLEMENT ROAD
         AYALABARI T.E.
          P.O.-KARIMGANJ
          DIST- KARIMGNAJ
         ASSAM
          PIN-788712

         4: PRITWISH DAS
          S/O LT. PRIYADA RANJAN DAS
          R/O NEAR NORTH KXJ BLOCK
         VILL-GARDARASHI
          P.O.-SADARASHI
          DIST-
         ASSAM
          PIN-788709

         5: SUSHANTA DAS
                                 Page No.# 2/10

S/O SAMARAJIT DAS
VILL- SADARASHI
P.O.-SADARASHI
SADARASHI PT I
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
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
ASSAM
 PIN - 788722

10: SUJON AHMED
 S/O ABDUL MALIK
VILL- SARONGDEOPUR
 P.O.-MANIKGANJ
 BAR PURAHURIA PT I
 DIST- KARIMGANJ
ASSAM
                                  Page No.# 3/10

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
                             Page No.# 4/10

DIST-KARIMGANJ
ASSAM
PIN-788166

17: RATISH CHANDRA ROY
 S/ OJUGENDRA 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-KARIMGNAJ
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
                                                                         Page No.# 5/10

             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
             S/O RANJIT PURKAYASTHA
            VILL- MOINA
             P.S.-PATHARKANDI
             P.O.-KANAI BAZAR
             DIST- KARIMGANJ
            ASSAM
             PIN-78872

            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
            DEPARTMENT, DISPUR, GUWAHATI-6

            2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-6

            3:THE PROJECT DIRECTOR
             DISTRICT RURAL DEVELOPMENT AGENCY (DRDA)
             CUM MEMBER SECRETARY OF THE SELECTION BOARD
             SETTLEMENT ROAD
             KARIMGANJ
             DIST- KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR B P BORAH, MISS. J GOGOI,MR H MAZUMDER,MR P J
DUTTA
                                                             Page No.# 6/10


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



            Linked Case : WP(C)/4268/2023
           RATAN LAL NATH AND 7 ORS.
           S/O- RANENDRA LAL NATH
           VILL- NAYAPATAN
           P.O- BHANGA BAZAR
            DIST- KARIMGANJ
           ASSAM
            PIN-788701

           2: FARUQUE HUSSAIN MAZUMDER
           S/O- LATE TAYOBUR RAHMAN MAZUMDER
           R/O- NEAR NATIONAL COOPERATIVE RICE MILL
           P.O- HAILAKANDI
            DIST- HAILAKANDI
           ASSAM
            PIN-788151

            3: SHAKIL AHMED BARBHUIYA
           S/O-ABDUL MUKIT BARBHUIYA
           R/O- BILPAR DUMKHAR
           P.O- RANGAUTI
            P.S AND DIST- HAILAKANDI
           ASSAM
            PIN-788155

           4: ABDUL KALAM BARBHUIYA
           S/O-MOYUB ALI BARBHUIYA
           R/O- ALGAPUR PART II
           P.O AND P.S-ALGAPUR
           DIST- HAILAKANDI
           ASSAM
           PIN-788150

            5: ARIF MOHAMMAD
           S/O- SIRAJUDDIN AHMED
           R/O- MISSION ROAD/ ROSHAN COTTAGE
           P.O- BADARPUR
           DIST- KARIMGANJ
           ASSAM
            PIN-788806

           6: HIROK DAS
           S/O- RATNAMOY DAS
                                                    Page No.# 7/10


R/O- NEAR SADARSHI GP OFFICRE
SADARSHI PART II

P.O- SADARSHI
DIST- KARIMGANJ
ASSAM
 PIN-788709

7: JANMEJAY CHAKRABORTY
S/O-JYOTIRMAY CHAKRABORTY

R/O-VILLAGE- LATU NEAR LATU HIGH SCHOOL
P.O- LATU
DIST- KARIMGANJ
ASSAM
 PIN-788781

 8: SUJOY DAS
S/O- SUNIL KUMAR DAS
 VILL- SADARSHI PART I
P.O- SADARSHI
DIST- KARIMGANJ
ASSAM
 PIN-788709
 VERSUS

THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-06

2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
 FINANCE DEPARTMENT
 DISPUR
 GUWAHATI-06

3:THE PROJECT DIRECTOR

DISTRICT RURAL DEVELOPMENT AGENCY
CUM MEMBER SECRETARY OF THE SELECTION BOARD
SETTLEMENT ROAD
KARIMGANJ
DIST- KARIMGANJ
ASSAM
                                                                             Page No.# 8/10

            ------------
            Advocate for : MR B P BORAH
            Advocate for : SC
            P AND R.D. appearing for THE STATE OF ASSAM AND 2 ORS.



                                  BEFORE
                 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                        ORDER

Date : 20-06-2025

Heard Mr. P. J. Dutta, learned counsel for the petitioners. Also heard Mr. A.K. Ghosh, learned counsel representing the respondents in the Panchayat and Rural Development Department, and Mr. P. Nayak, learned counsel representing the respondent Finance Department, Assam.

2. The present writ petition has been instituted by the petitioners herein praying for the following reliefs:

"In the premises aforesaid, it is therefore humbly prayed that Your Lordships may be pleased to admit this petition, call for the records of the case and issue a Rule calling upon the respondent to show cause as to why a writ in the nature of Mandamus shall not be issued directing the respondent authorities to grant the minimum scale of pay to the petitioners as per the judgment dated 08.06.2017 passed in WA No. 45/2014 and also direct the respondent authorities to take an expeditious decision on continuation of services of the petitioners until attainment of 60 years of age and/or pass any such further or other order/s as Your Lordships may deem fit and proper to give appropriate relief to the petitioners."

3. The petitioners herein were engaged as Accredited Engineer, on contractual basis, in the year 2010 for implementation of various schemes in the district of Karimganj, under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA Act).

4. Learned counsel for the petitioners submits that the engagement of the petitioners as contractual employees not being against any sanctioned post, they would be entitled to the benefits flowing from paragraph 22 of the judgment and order Page No.# 9/10

dated 08.06.2017, passed by the Division Bench of this Court in Writ Appeal No. 45/2014 (Upen Das and Ors. Vs. State of Assam and Ors.). Accordingly, it is submitted that the petitioners would be entitled to draw their remuneration in the minimum scale of pay so attached to the similar posts in regular establishments.

5. Such prayer is objected to by the learned counsel appearing for the respondents, who submits that the petitioners not having completed ten years of service as on the date of passing of the judgment and order by the Division Bench in Upen Das (supra), they would not be entitled to the benefits flowing from paragraph 22 of the said judgment and order.

6. I have heard the learned counsel for the parties and have also perused the material available on record.

7. It is not in dispute that the petitioners were initially engaged on contractual basis as Accredited Engineer under the MGNREGA scheme in the district of Karimganj, Assam, and their such engagements were made in the year 2010. The petitioners have prayed for a direction for extending the benefits flowing from paragraph 22 of the judgment of the Division Bench in the case of Upen Das (supra). Accordingly, paragraph 22 of the judgment rendered by the Division Bench of this Court in Upen Das (supra) is extracted herein-below:

"22. It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken a s welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 01.08.2017."

Page No.# 10/10

8. A perusal of the directions of the Division Bench contained in paragraph 22 of Upen Das (supra) would go to show that the same was made applicable to the Muster Roll, Work Charged and similarly placed employees working since last more than ten years (in non-sanctioned post). The expression "working since last more than 10 years (not in sanctioned post)" has to be understood to mean rendering of such service for a period of 10 (ten) years prior to the date of the judgment. Since the petitioners admittedly had not completed ten years of their engagement on the date of passing of the judgment by the Division Bench, they cannot be held to be entitled to the benefits flowing from paragraph 22 of the decision of this Court in the case of Upen Das (supra). The said decision being of a Division Bench, this Court is not empowered to pass an order contrary to the directions contained in the said decision.

The claim of the petitioners, as made in the present writ petition, being confined to the extension to them of the benefits flowing from the above-referred decision of the Division Bench of this Court, the petitioners having been held to be not eligible for being extended the said benefit, the said claim of the petitioners would not mandate an acceptance from this Court.

Accordingly, the present writ petition is found to be devoid of any merit and the same is accordingly dismissed. However, there would be not order as to costs.

JUDGE

Comparing Assistant