Page No.# 1/5 GAHC010068402026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1941/2026 NITU BASUMATARY AND 3 ORS. D/O- BISHNU BASUMATARY, AGED ABOUT-39 YEARS, VILL-BOSHGAON, P.O - POKALAGI, DIST - KOKRAJHAR, BTC, ASSAM, PIN-783333 2: JWNGSART MUSHAHARY S/O-DWARENDRA MUSHAHRY AGED ABOUT- 30YEARS VILL-NO.1 BAJUGAON P.O-MAKTAIGAON DIST-KOKRAJHAR BTC ASSAM PIN-783360 3: ROHESWAR BASUMATARY S/O -MAIKEL BASUMATARY AGED ABOUT - 42 YEARS VILL- DALGAON P.O- RAIMONA DIST- KOKRAJHAR BTC ASSAM PIN -783350 4: DAIMUSRI DAIMARY D/O- HARENDRA DAIMARY AGED ABOUT - 37 YEARS VILL GOLADANGI P.O- GOLADANGI DIST - KOKRAJHAR BTC ASSAM PIN- 78336 Page No.# 2/5 VERSUS THE STATE OF ASSAM AND 9 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) REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR ASSAM PIN-783370 5:THE SECRETARY FOREST DEPARTMENT BTC ASSAM PIN-783370 6:THE COUNCIL HEAD OF THE DEPARTMENT OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 8:ADDL PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM COUNCIL Page No.# 3/5 HEAD OF THE DEPARTMENT FOREST BTC KOKRAJHAR ASSAM PIN-783370 9:THE DIVISIONAL FOREST OFFICER KACHUGAON DIVISION GOSSAOGAON KOKRAJHAR BTR ASSAM PIN-783350 10:FOREST RANGE OFFICER CENTRAL RANGE KACHUGAON PIN-78335 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 in the year 2007, they have been engaged as casual workers under Kachugaon Page No.# 4/5 Division in Kokrajhar District for protection of Raimona National Park, 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. 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 workers since 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 Page No.# 5/5 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