Page No.# 1/4 vs The State Of Assam And 3 Ors
2026 Latest Caselaw 295 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 3 Ors on 21 January, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/4

GAHC010283712025




                                                            undefined

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

                          Case No. : WP(C)/257/2026

         PARUL THAKURIA AND 2 ORS
         C/O - PANKAJ BARUAH,R/O - PANJABARI, NAMGHAR PATH, 1 NO. BIDDYA
         NAGAR,P.O.-BAGHARBORI,P.S.- SATGAON,PIN- 781037,DIST.- KAMRUP(M),
         ASSAM

         2: RUPAHI GOGOI
          W/O - PRADIP KUMAR GOGOI
         R/O - HIRAMBAPUR
          DAKHINGAON
          KAHILIPARA
         P.O. - LAL GANESH
         PIN - 781034
          P.S. - UDALBAKRA
          DIST. - KAMRUP(M)
         ASSAM

         3: MANJULA THAKURIA
         W/O - NARENDRA NATH SARMA
         R/O VILLAGE- DHARAPUR
          P.O. - DHARAPUR
          P.S. - AZARA
         PIN - 781017
          DIST. - KAMRUP(M)
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,GUWAHATI-
         781005, ASSAM

         2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          DEPARTMENT OF FINANCE
                                                              Page No.# 2/4

          DISPUR
          GUWAHATI-781006
          ASSAM

          3:THE DIRECTOR OF HEALTH SERVICES (FW)
           GOVERNMENT OF ASSAM
           SWASTHYA BHAWAN
           HENGRABARI
           GUWAHATI-781036
          ASSAM

          4:THE ACCOUNTANT GENERAL
          ASSAM
          MAIDAMGAON
           BELTOLA
          GUWAHATI-781029
          ASSA

For the petitioner (s)   : Mr. S. G. Baruah, Advocate

For the respondent (s) : Ms. U. Sharma, Govt. Advocate
                         Mrs. D. Borah, SC, Health
                         Mr. A. Chaliha, Advocate
                         Mr. C. Baruah, SC, AG

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

21.01.2026

Heard Ms. S. G. Baruah, the learned counsel appearing on behalf of the petitioners.

2. Issue notice of motion making it returnable on 04.02.2026.

3. Ms. U. Sarmah, the learned counsel accepts notice on behalf of respondent No.1; Mr. A. Chaliha, the learned counsel accepts Page No.# 3/4

notice on behalf of the respondent No.2; Ms. D. Borah, the learned counsel accepts notice on behalf of the respondent No.3 and Mr. C. Baruah, the learned counsel accepts notice on behalf of the respondent No.4. Extra copies of the writ petition be served upon them during the course of the day.

4. The petitioners herein have approached this Court seeking a direction upon the respondents to consider the case of the petitioner and to re-fix the initial pay of the petitioners as per the provisions of the R.O.P. Rules 1990 and grant such benefits along with all consequential benefits including arrears.

5. It is relevant to take note of that the learned Coordinate Bench of this Court while disposing of the writ petition being in WP(C) No.3318/2024 on 25.10.2024 had passed certain directions concerning the same issues which were raised by the petitioner in the said proceedings. Paragraph Nos.11 and 12 of the said order dated 25.10.2024 being relevant are reproduced hereinunder:

"11. Having considered that the above referred judgment and orders

of this Court squarely covers the case of the petitioners, as the petitioners are similarly situated employees of the State Government, I deem it appropriate to dispose of the writ petition providing the similar direction as the judicial discipline and propriety demands to follow the judgment and order of the coordinate Bench Page No.# 4/4

unless there is a reason to disagree with the same.

12. In view of the above, this Court is of the view that the judgment and order dated 16.11.2012 passed in WP(C) 1806/2009 and other similar orders (supra) on the issue regarding fixation of pay is required to be revisited by the respondent authorities. Accordingly, the respondent authorities are directed to revisit the same. It is provided that while considering the grievance of the petitioners, the respondent authorities would be guided by the judgment and order of this Court as aforementioned. It is further directed that the respondent authorities shall consider the same within a period of 2(two) months from the date of receipt of the copy of this order."

6. The learned counsels appearing on behalf of the respondent Nos.1 and 3 are directed to apprise this Court on the next date as to what steps have been taken pursuant to the said directions passed by the learned Coordinate Bench of this Court in the order dated 25.10.2024 in WP(C) No.3318/2024.

7. List this matter along with WP(C) No.92/2026.

JUDGE

Comparing Assistant