Page No.# 1/5 GAHC010068382026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1934/2026 RAM KRISHNA BARMAN AND 6 ORS. S/O-BISHNU RAM BARMAN, AGED ABOUT-36 YEARS, VILL-JORNAGAR, P.O-SILGARA, DIST-KOKRAJHAR, BTC, ASSAM, PIN-783348 2: ANISUL RAHMAN S/O-MOZIBAR RAHMAN AGED ABOUT-37 YEARS VILL-RAJAPARA P.O-RAJAPARA DIST-GOALPARA ASSAM PIN-783120 3: AYNUDDIN SHEIKH S/O-SAMSUL HOQUE AGED ABOUT-38 YEARS VILL-SRIGRAM PT. V P.O-SALKOCHA DIST-KOKRAJHAR BTC ASSAM PIN-783348 4: HUSSAIN ALI S/O-SULTAN HOQUE AGED ABOUT-36 YEARS VILL-ALURBHUI P.O-SILGARA DIST-KOKRAJHAR BTC ASSAM PIN-783348 5: ALANGBAR BASUMATARY Page No.# 2/5 S/O-SRI TABRA BASUMATARY AGGED ABOUT-37YEARS VILL-HOGMABIL P.O-HOGMABIL DIST-KOKRAJHAR BTC ASSAM PIN-783347. 6: PANINDRA BASUMATARY C/O-SRI SAHADEV BASUMATARY AGED ABOUT-37YEARS VILL-KADAMGURI P.O-GOSSAIGAON DIST-KOKRAJHAR BTC ASSAM PIN-783360. 7: SWMKHWR BRAHMA S/O-SUKHARAM BRAHMA AGED ABOUT-37 YEARS VILL-HOGMABIL P.O-HOGMABIL DIST-KOKRAJHAR BTC ASSAM PIN-78334 VERSUS THE STATE OF ASSAM AND 10 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI- 6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM REHABARI GUWAHATI-8. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE BODOLAND TERRITORIAL COUNCIL (BTC) Page No.# 3/5 REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR ASSAM PIN-783370 5:THE COUNCIL HEAD OF THE DEPARTMENT OF FOREST KOKRAJHAR BTC ASSAM PIN-783370 6:THE CHIEF CONSERVATOR OF FOREST KOKRAJHAR BTC ASSAM PIN-783370 7:THE DIVISIONAL FOREST OFFICER PARBATJHORA DIVISION KOKRAJHAR BTC ASSAM PIN-783337 8:THE DIVISIONAL FOREST OFFICER HALTUGAON DIVISION KOKRAJHAR BTC ASSAM PIN-783370 9:THE FOREST RANGE OFFICER JHARBARI BTC ASSAM PIN-783346 10:THE FOREST RANGE OFFICER RUPSHI RANGE BASHBARI BTC ASSAM PIN-783348 Page No.# 4/5 11:THE FOREST RANGE OFFICER DIPLAI RANGE KOKRAJHAR BTC ASSAM PIN-78337 Advocate for the Petitioner : MR. A BORO, M. BORUAH,MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, FINANCE,SC, BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 08.05 .2026 Heard Mr. A. Boro, learned counsel for the petitioners. Also heard Ms. N. Choudhury, learned Standing Counsel, BTC; Mr. R. Borpujari, learned Standing Counsel, Finance Department. 2. Having regard to the nature of the case projected by the petitioners, the writ petition is taken up for disposal with the consent of the parties. 3. It is the case of the petitioner that due to shortages of manpower between the period 2006-2007, they have been engaged as casual workers under Divisional Forest Office, Parbatjhora, Kokrajhar and Haltugaon Division, Kokrajhar in the Forest Department, BTC. 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 decision render by a Division Bench of this Court in State of Assam Vs Shri. Upen Das reported in 2020 (5) GLT 605. Page No.# 5/5 4. 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 petitioner a minimum scale of pay in terms of Upen Das (supra). 5. 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 the direction of a Division Bench of this Court in Upen Das (supra) 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 worker since 2006-2007 which has not been disputed by the respondents. 6. 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 be at liberty to make necessary verifications as may be required. The petitioners be afforded the minimum pay scale as directed above as expeditiously as possible and preferably within a period of 3 (three) months from the date of receipt of a certified copy of this order. 7. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant