[Cites 3, Cited by 0]
Gauhati High Court
Dilip Kumar Devasarma vs The State Of Assam And 7 Ors on 22 January, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010277542024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7066/2024
DILIP KUMAR DEVASARMA
S/O LATE HARESWAR SARMA, R/O HOUSE NO. 21, MEDHI PHUKAN PATH,
SHIV MANDIR, LAKHIMI NAGAR, HATOGAON CHARIALI, GUWAHATI-
781038
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE LEGAL REMEMBRANCER AND SECRETARY TO
GOVERNMENT OF ASSAM, JUDICIAL DEPARTMENT, JANATA BHAWAN,
DISPUR, GUWAHATI-781006
2:THE GAUHATI HIGH COURT
REPRESENTED BY THE REGISTRAR GENERAL
M.G. ROAD
GUWAHATI-781001
3:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
M.G. ROAD
GUWAHATI-781001
4:THE LEGAL REMEMBRANCER AND SECRETARY TO GOVERNMENT OF
ASSAM
JUDICIAL DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-781006
5:THE SECRETARY TO THE GOVERNMENT OF ASSAM
LABOUR WELFARE DEPARTMENT
JANATA BHAWAN
Page No.# 2/5
DISPUR
GUWAHATI-781006
6:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-781006
7:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-781028
8:THE PRESIDING OFFICER
INDUSTRIAL TRIBUNAL
GUWAHATI
OFFICE OF THE DISTRICT COMMISSIONER
KAMRUP (M) DISTRICT
HENGERABARI
GUWAHATI-78103
Advocate for the applicant(s): Mr. PD Nair
Advocate for the respondent(s): Mr. HK Das
Standing Counsel, Gauhati High Court
Mr. R Barpujari,
Standing Counsel
Finance Department, Govt. of Assam
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
22.01.2026
Page No.# 3/5
Heard Mr. PD Nair, the learned counsel appearing on behalf of the petitioner.
I have also heard Mr. HK Das, the learned Standing Counsel, who appears on
behalf of the Gauhati High Court and Mr. R Barpujari, the learned Standing
Counsel, who appears on behalf of the Finance Department, Govt. of Assam.
2. The dispute in the instant proceedings pertains to non-granting of pay
parity to the petitioner, who is rendering services as a Registrar in the Industrial
Tribunal with that of the Chief Administrative Officer/Sheristadar in the Office of
the District and Sessions Judge. Though, initially the petitioner had claimed on
the basis of Shetty Commission recommendations, but taking into account the
judgment of the Division Bench of this Court in the case of Gauhati High Court
& Ors. Vs. Nozrul Islam Laskar reported in 2025 SCC OnLine Gau 4414, wherein
the learned Division Bench has opined that the recommendation of the Shetty
Commission cannot be considered/construed as statutory, the question,
therefore do not arise upon as to whether the petitioner herein would be
entitled to on the basis of the Shetty Commission recommendation.
3. A further perusal of the records reveal that pursuant to the directions
passed by the Supreme Court in the case of all India Judges Association and
Another Vs. Union of India dated 07.10.2009, the Government of Assam had in
exercise of the powers under the proviso to Article 309 of the Constitution of
India had issued a Notification dated 30.07.2012, whereby the benefits have
been extended to the non-judicial staff of the Subordinate Courts in Assam
w.e.f. 01.04.2003. It is very pertinent to mention that the benefits mentioned
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therein including the financial benefits recommended in the pre-revised pay
structure from 01.04.2003 to 31.12.2005 and, thereafter in the corresponding
pay band and grade pay as revised in the State w.e.f. January, 2006.
4. It is very pertinent to mention that in the said Notification dated
30.07.2012, the pay structures of the non-judicial staff of the Subordinate
Courts have been duly mentioned including that of the Chief Administrative
Officer/ Sheristadar in the Office of the District and Sessions Judge. It is also
very apposite to take note of that in the said Notification it has been clearly
mentioned that the benefit shall equally be applicable to the staffs of the
corresponding grade and status working in the various Courts like
M.A.C.T/Family Court/Industrial Tribunal/Labour Courts/Court of the Special
Judge, C.B.I etc., in Assam which falls within the sweep of the term " Sub-
ordinate Judiciary".
5. Therefore, the only question which arises in the instant proceedings is to
decide as to whether the post of the Registrar of the Labour Court can be said
to be corresponding to the post of Chief Administrative Officer/Sheristadar in the
Office of the District and Sessions Judge.
6. It is relevant to take note of that an affidavit-in-reply was filed by the
petitioner to the affidavit-in-opposition filed by the respondent No.6 wherein at
paragraph No.6 the petitioner has mentioned that the nature of duties of the
Registrar of the Industrial Tribunals and Labour Courts and the Sheristadar of
the District and Session Judges' Court are identical, inasmuch as, there is no
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other non-judicial post superior to either the post of Registrar and Sheristadar in
the respective establishments. It is also mentioned that the incumbents in the
said posts function as the administrative head of the respective establishments.
7. This Court enquired with Mr. PD Nair, the learned counsel appearing on
behalf of the petitioner as regards the nature of duties of the Registrar of the
Industrial Tribunal and Labour Courts vis-à-vis that of the Sheristadar of the
Court of the District and Sessions Judge. The learned counsel appearing on
behalf of the petitioner submitted that he would file an additional affidavit by
drawing a comparison between the nature of duties and functions performed by
the Registrar of the Industrial Tribunal/Labour Court with that of the
Sheristadar/Chief Administrative Officer of the Court of the District and Sessions
Judge.
8. Taking into account that the matter has been substantially heard, list this
matter again on 12.02.2026 at the top of the list.
9. In the meantime, the additional affidavit be filed on or before 04.02.2026.
10. Liberty is given to the Finance Department as well as the other respondents
to file any reply on or before 11.02.2026.
JUDGE
Comparing Assistant
