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Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 10 Ors on 13 March, 2026
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/8
GAHC010050682026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1470/2026
HITUN NARZARY AND 18 ORS
S/O LATE RATAN NARZARY, VILL. LOTAMARI , P.O. JOLESWARI, DIST.
KOKRAJHAR, BTC, ASSAM, PIN 783350
2: DHONONJAY BASUMATARY
S/O SOCHIN BASUMATARY
VILL.MOTHAMBIL
P.O. RAIMONA
DIST. KOKRAJHAR
PIN 793350
3: AMIT NARZARY
S/O MOHICHAR NARZARY
VILL. DUMBAZAR
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
4: UDAY BASUMATARY
S/O BIREN BASUMATARY
VILL. MOTHAMBIL
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
5: MILANA BASUMATARY
S/O RANJIT BASUMATARY
VILL. NASRAIBIL
P.O. SORABIL
Page No.# 2/8
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
6: RAHUL NARZARY
S/O ANIL NARZARY
VILL. BOLLAMJHORA
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PION 783350
7: NIRANJAY NARZARY
S/O KORNABOL NARZARY
VILL. DOLGAON
P.O. RAIMONA
DIST. KOKRAJHAR
PIN 783350
8: SUJILA NARZARY
D/O TEKRE NARZARY
VILL. AMRITPUR
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
9: WEGLESWART BASUMATARY
S/O JIKEN BASUMATARY
VILL. KUMGURI
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
10: RUPOL BASUMATARY
S/O LT. BABURAM BASUMATARY
VILL. KUMGURI
P.O. RAIMONA
DIST. KOKRAJHAR
PIN 783350
Page No.# 3/8
11: BIRANI BASUMATARY
C/O BIJEN BASUMATARY
VILL. NEW NABINAGAR
P.O. KACUGAON
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783360
12: PHILIMON BASUMATARY
C/O PREM KUMAR BASUMATARY
VILL. JANALIGAON
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
13: SIDHANTA BARGOYARY
C/O MARKUSH BARGOYARY
VILL. OXIGURI
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
14: JUNASH BASUMATARY
C/O PREM KUMAR BASUMATARY
VILL. JANALIGAON
P.O. RAIMIONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
15: JISTO BORGOYARY
C/O MARKUSH BORGOYARY
VILL. OXIGURI
P.O. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
Page No.# 4/8
16: RITA BASUMATARY
C/O LATE RAHESWAR BOSUMATARY
VILL. RAIMONA
PO. RAIMONA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783350
17: BINAY MUSHAHRY
S/O THANESWAR MUSHSHARY
VILL. NO 2
LOTAMARI
P.O. JALESWAR
DIST. KOKRAJHAR
BTC (ASSAM)
PIN 783350
18: MITHUN NARZARY
S/O SIREN KR. NARZARY
VILL. BURACHARA
P.O. KACHIBARI
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783360
19: PADUM MAHILARY
D/O THANESWAR MAHILARY
VILL. RANGALIKHATA
P.O. RANGALIKHATA
DIST. KOKRAJHAR
BTC
ASSAM
PIN 78337
VERSUS
THE STATE OF ASSAM AND 10 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. ENVIRONMENT AND
FOREST DEPTT., DISPUR, ASSAM, GUWAHATI 6
2:THE PRINCIPAL CHIEF CONSERVAOR OF FOREST
ASSAM
Page No.# 5/8
REHABARI
GUWAHATI 8
3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI 6
4:THE BODOLAD TERRITORIAL COUNCIL (BTC)
REPRESENTED BY THE PRINCIPAL SECY.
KOKRAJHAR
ASSAM
PIN 783370
5:THE SECY. OF FORESST
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
PIN 783370
6:THE COUNCIL HEAD OF THE DEPTT. OF FOREST
KOKRAJHAR
BTC
ASSAM
PIN 783370
7:THE CHIEF CONSERVATOR OF FOREST
KOKRAJHAR
BTC
ASSAM
PIN 783370
8:THE DIVISIONAL FOREST OFFICER
HALTUGAON DIVISION
GOSSAIGAON
BTC
ASSAM
PIN 783350
9:THE DIVISIONAL FOREST OFFICER
CHIRANG
KAJALGAON DIVISION
BTC
ASSAM
PIN 783385
Page No.# 6/8
10:THE FOREST RANGE OFFICER
GAURANG RANGE
BISHMURI
KOKRAJHAR
BTC
ASSAM
PIN 783370
11:THE FOREST RANGE OFFICER
SIDLI RANGE
RUNIKHAA
CHIRANG
BTC
ASSAM
PIN 78337
Advocate for the Petitioner : MR H P GUWALA, MR. A BORO
Advocate for the Respondent : SC, BTC, SC, FOREST,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
13.03.2026
Heard Mr. A Boro, learned counsel for the petitioner. Also heard Ms. N
Choudhury, learned Standing Counsel, BTC and Ms. A Barthakur, learned counsel
appears for the Finance Department.
2. The case of the petitioners is that due to shortage of manpower between the
period of 2006-2007, they have been engaged as casual workers for protection
of Forest & Wildlife under Chirang Division, Kajalgaon, BTC and Divisional Forest
Officer, Haltugaon. Even since their engagement, they have been working as
such till date but have been paid only a meager sum of fixed wages. It is the
case of the petitioners that they are entitled to get the benefit of minimum pay
scale in terms of the decisions rendered by a Division Bench of this Court in
Page No.# 7/8
"State of Assam Vs. Shri. Upen Das" reported in 2020 (5) GLT 605.
3. The learned counsel for the petitioners submits that the respondent
authorities have duly admitted that the petitioners have been rendering their
services, under the Chirang Division, Kajalgaon, BTC Divisional Forest Officer,
Haltugaon since 2006-2007. Therefore, the learned counsel for the petitioners
submits that since there is no dispute, a direction may be issued to the
respondent authorities to pay the petitioners a minimum scale of pay in terms of
"Upen Das (supra)".
4. Ms. N. Choudhury, learned Standing Counsel, BTC on the other hand submits
that the petitioners are only engaged on casual basis and since it is not a
substantive appointment, there is no question of granting them the pay scale as
claimed by them. It may, however, be seen that the directions passed by the
Division Bench of this Court in "Upen Das (supra)" is that all such Muster Roll
Workers, Worked Charge Workers and similarly placed employees working since
the last more than 10 years and not in a sanctioned post should be granted the
minimum of pay scale w.e.f. 01.08.2017. Admittedly, the petitioners in the
present case are not working against a sanctioned post but are engaged as
casual workers since 2006-2007 which has not been disputed by the
respondents.
5. Considering the same, the respondent authorities are directed to grant the
petitioners the benefit of minimum pay scale in terms of "Upen Das (supra)".
Before granting them such benefit, the respondents will make necessary
verifications so as to ascertain the entitlement of the benefits of the petitioners
to be conferred in terms of "Upen Das (supra)". The petitioners be afforded the
minimum pay scale as directed note above as expeditiously as possible and
preferably within a period of 3 (three) months from the date of receipt of a
Page No.# 8/8
certified copy of this order.
6. This writ petition accordingly stands disposed of
JUDGE
Comparing Assistant
