Page No.# 1/6 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 5825 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 3 Ors on 27 June, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                         Page No.# 1/6

GAHC010008312022




                                                                  2025:GAU-AS:8822

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

                                 Case No. : WP(C)/1560/2022

            LALITA DAS BHUYAN
            W/O SRI DHIREN BHUYAN, VILL- BALADMARI, P.O.-BALADMARI, DIST-
            GOALPARA, ASSAM, PIN-783121



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR,
            GUWAHATI-781006

            2:THE CHIEF ENGINEER
             IRRIGATION DEPARTMENT
             CHANDMARI
            ASSAM
             GUWAHATI-781003

            3:THE EXECUTIVE ENGINEER
             GOALPARA MECHANICAL DIVISION
             IRRIGATION DEPARTMENT
             GOALPARA
            ASSAM

            4:THE COMMISSIONER AND SECRETARY
             FINANCE DEPARTMENT
             GOVERNMENT OF ASSAM
             DISPUR
             GUWAHATI-78100

Advocate for the Petitioner   : MR. U K NAIR, MS. N DEY,MR. N BORPATRAGOHAIN,MR. M
SMITH,MRS. R BORBORA
                                                                                        Page No.# 2/6

Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE




                                   BEFORE
                 HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

27.06.2025 Heard Mr. M Smith, learned counsel for the petitioner and Mr. N Upadhay, learned Standing counsel, Irrigation Department for the respondent Nos. 1 to 3. Also heard Mr. P Nayak, learned Standing counsel, Finance Department of the State for the respondent No. 4.

2. Brief facts of the case is that the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara by its Office Order No. 265 dated 01.09.1992 appointed the petitioner as Muster Roll Skilled Labour on temporary basis until further order. She passed Pre University (10+2) Examination (Arts) in the year 1979 from Goalpara College, Goalpara under Gauhati University. Pursuant to her such engagement as M.R. Skilled Labour, she joined her service on 03.09.1992 and was entrusted in the Office of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara to assist the Pay Bill Assistant including posting of pay bill ledger etc.

3. In pursuance of the Government Letter No. IGN(E)233/2016/268 dated 08.05.2019 and Finance Department Communication No. FEC(II)04/2014/Pt 336 dated 20.03.2019 and CEI(E)123/2010/Pt/169 dated 14.05.2019 the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara by Office Order No. 04 dated 21.05.2019 regularised the petitioner, M.R. Skilled Worker appointed prior to 01.03.1993, as Peon at the initial Scale of Pay in the Pay Band-I (Rs.12,000/- to Rs.52,000/-) Grade Pay - Rs. 3,900/- per month with other allowances admissible sanctioned by the Government from time to time w.e.f. 01.08.2017 observing that the post is to be utilized by the Assistant Executive Engineer, Goalpara Mechanical Sub-Division (Irrigation), Goalpara until further order with further observation that the post is personal in nature and will be abolished as soon as the petitioner relinquish the post in any manner.

4. Subsequent of said order of regularisation of her service as Peon issued on 21.05.2019, noted above, the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara passed another Office Order No. 51 dated 30.11.2019, which states as follows -

Page No.# 3/6

GOVERNMENT OF ASSAM OFFICE OF THE EXECUTIVE ENGINEER, MECHANICAL DIVISION (IRRIGATION), GOALPARA Office Order No. 51 Dated 30-11-2019 As directed by the Principal Secretary to the Government of Assam, Finance Department vide Notification No. FEC(II)4/2014/414 dated 03-10-2019 and Deputy Secretary (E) to the Government of Assam, Irrigation Department, Dispur, Guwahati-6 vide his letter No. IGN(E)233/2016/298 dated 17.10.2019 and Chief Engineer Letter No. CEI(E)123/2016/Pt/172 dated 23.10.2019, the earlier Office Order of this Division vide No. 04 dated 21.05.2019 and Memo No. GND/Acctt-6/2005/187- 96 dated 21.05.2019 is hereby partially modified and Pay of Smt. Lalita Das Bhuyan is hereby Re- fixed as per terms and condition of Finance Department Notification No. mentioned above at Pay @ Rs. 15,900/- per month plus Dearness Allowance and Medical Allowances admissible time to time and will be covered under the PRADHAN MANTRI SURAKSHA BIMA YOJANA, PRADHAN MANTRI JEEVAN JYOTI BIMA YOJANA and ATAL AMRIT ABHIYAN and premium for the same will be paid by the State Government.

The arrangement is purely temporary basis.

Sd/- Illegible Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara

5. Aggrieved with her such reversion from regular Pay Scale to fix pay @ Rs. 15,900/- per month, the petitioner has filed this writ petition, praying amongst others, to set aside and quash the said order dated 30.11.2019 of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara and to declare the said action of the respondent authorities in not paying regular Pay Scale to her as illegal and further, to release her arrear salary with all consequential benefits w.e.f. 01.08.2017 and also to promote her to the post of Lower Divisional Assistant in accordance with law.

6. By filing an additional affidavit, the petitioner placed a communication of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara No. GMD/Acctt/2005-06/764 dated 05.10.2005 communicated to the Chief Engineer, Irrigation Department, Assam in which the said Executive Engineer informed the authorities concerned that discrepancy occurred in the list of Muster Roll Persons whose names had been wrongly shown in the list received from the said authority and requested the said higher authority for necessary correction as shown in the Page No.# 4/6

enclosed statement at the earliest that contains the name of the petitioner as per incumbency registrar for necessary correction against the list forwarded by the Government. However, the same was not considered and the petitioner continued to remain as a M.R. Skilled Worker till her regularisation by order dated 21.05.2019, noted above.

7. It is to be noted herein that though petitioner stated that the then Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara in his letter dated 05.10.2005 forwarded the name of the petitioner for inclusion of her name along with 7 others for necessary correction for regularization of service being engaged prior to 01.04.1993 as M.R. workers, but the petitioner thereafter did not raise the issue for all these years for regularisation of her service and in the meantime, some other M.R. worker/work charged employees engaged prior to 01.04.1993 have already been regularised way back in 2005 and on the basis of the same, now there cannot be a belated claim of the petitioner after October, 2005.

8. The Finance Department of the State, respondent No. 4 in its affidavit clarified that the order dated 21.05.2019 passed by the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara was on the basis of a reference to Finance Department letter No. FEC(II)04/2014/Pt 336 dated 20.03.2019. It is stated that by the said letter dated 20.03.2019, the Finance Department conveyed the list of approved workers as been forwarded by the Administrative Department to whom benefits of payment of minimum of Pay Scale was extended in pursuance of the order of the Division Bench of the Hon'ble High Court in Writ Appeal No. 45/2014 in the case of State of Assam -Vs- Upen Das and Others , stating further that said letter of the Finance Department dated 20.03.2019 nowhere mentioned about regularisation of services of the incumbents figured in the said list forwarded by the Administrative Department. It is also clarified that the Finance (EC-II) Department had not regularised the services of any of the incumbents whose names figured in the said list and have only given the benefit of payment of minimum of Pay Scale.

9. The Finance Department also clarified that though in the order dated 30.11.2019 the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara fixed the Pay @ Rs. 15,900/- per month plus D.A. and Medical Allowances admissible from time to time in terms of Finance Department's Notification No. FEC(II)4/2014/414 dated 03-10-2019, but after a closer reading of the order of the High Court dated 08.06.2017 in the case of Upen Das (Supra) wherein it was specified that the benefit to be given in the fixed amount pegged at a "minimum of the Pay Page No.# 5/6

Scale" but not the benefit of "minimum Pay Scale" .

10. Finance Department clarified that for the said reason and to comply with the order of the Court dated 08.06.2017 as provided in the case of Upen Das (Supra), the initial Notification of the Finance Department under No. FEC(II)4/2014/143 dated 08.03.2019 whereby the minimum Pay Scale was notified as Pay Band Rs. 12,000/- - Rs.37,500/- Grade Pay of Rs. 3,900/- Medical Allowance Rs. 600/- PM, D.A., House Rent Allowance as per State Government norms ROP 2017 was modified and Finance Department issued a fresh Notification being No. FEC(II)4/2014/414 dated 03.10.2019 and fixed the amount pegged at "minimum of the Pay Scale" of Rs. 15,900/- with D.A. along with Medical Allowance was notified to eligible Muster Roll/Work Charged/Casual Employees who were approved by the Finance Department for granting the benefits of "minimum of the Pay Scale" towards compliance of the order dated 08.06.2017 of the Hon'ble Division Bench of the High Court in Writ Appeal No. 45/2014 in the case of State of Assam -Vs- Upen Das and Others.

11. Perused the records of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara that were called for by order dated 16.08.2023.

12. Since the Finance Department have clarified its stand and passed necessary notifications in compliance of the order dated 08.06.2017 passed by the Hon'ble Division Bench of the High Court in Writ Appeal No. 45/2014 ( State of Assam -Vs- Upen Das and Others ), noted above, therefore, the Court is of the opinion that the order of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara under Office Order No. 51 dated 30.11.2019 re-fixing the salary of the petitioner at Pay @ Rs. 15,900/- per month plus Dearness Allowance and Medical Allowances admissible to her from time to time does not call for any interference of this Court considering the fact that the Office Order No. 04 dated 21.05.2019 of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara granting the benefit of regular Scale of Pay in the Pay Band-I with Grade Pay of Rs. 3,900/- P.M. with all other allowances admissible and sanctioned by the Government from time to time w.e.f. 01.08.2017 to the petitioner was not in conformity with the said judgment dated 08.06.2017 of the Hon'ble Division Bench of the High Court in the case of Upen Das (Supra).

13. For the reasons above, the prayer of the petitioner to set aside and quash the impugned order passed by the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara under Office Order No. 51 dated 30.11.2019 cannot be considered and accordingly said prayer of the Page No.# 6/6

petitioner stands rejected.

14. However, pertaining to non-inclusion of her name in the list of Muster Roll Employee engaged prior to 01.04.1993 in the Office of the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara for regularisation of her service as been forwarded by the said Executive Engineer vide Communication No. GMD/Acctt/2005-06/764 dated 05.10.2005, the petitioner may approach the authority concerned, i.e., the Chief Engineer, Irrigation Department, Assam, respondent No. 2 by filing necessary representation through the Executive Engineer, Goalpara Mechanical Division (Irrigation), Goalpara for redressal of her grievances.

15. In the event of filing such representation by the petitioner, the respondent authorities shall consider the same in accordance with law and shall inform the petitioner about the outcome of her said representation.

16. With the above observations and direction, this writ petition stands disposed of.

17. Return the records of File No. A-6 relating to Muster Rolls and its correspondence pertaining to Irrigation Department, Assam to Mr. N Upadhay, learned Standing Counsel, Irrigation Department, obtaining necessary acknowledgment from him in that regard.

JUDGE

Comparing Assistant