Page No.# 1/4 GAHC010002632012 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : WP(C)/2019/2013 SMT BANOSHREE KALITA D/O SRI BUDHESWAR KALITA VILL- GARAMUR SRIMANTAPUR P.O. JORHAT ENGINEERING COLLEGE P.S. GARAMUR DIST. JORHAT ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 2:THE SECRETARY TO THE GOVT. OF ASSAM JUDICIAL DEPARTMENT DISPUR GUWAHATI -6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NE-TV NEW DELHI PIN-110001. Page No.# 2/4 5:THE DEPUTY SECRETARY TO THE GOVT. OF POLITICAL B DEPARTMENT DISPUR GUWAHATI-6. 6:THE MEMBER FOREIGNERS TRIBUNAL SIVASAGAR DIST. SIVASAGAR ASSAM PIN- 785640 7:THE MEMBER FOREIGNER'S TRIBUNAL TINSUKIA BARGURI INDUSTRIAL ESTATE CAMPUS OPPOSITE SIDE ITI P.O. BARGURI DIST. TINSUKIA ASSAM. PIN- 786125 8:THE ACCOUNTANT GENERAL A and E ASSAM MAIDAM GAON BELTOLA GUWAHATI-29. ------------ Advocate for : MS.B TALUKDAR Advocate for : MR.M BHAGABATI appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.05.2026 Heard Mr. D Borah, learned counsel for the petitioner. Also heard Ms. S Baruah, learned Government Advocate for the State. 2. This writ petition has been filed by the petitioner claiming for the minimum pay scale in terms of a judgment and order dated passed by this Court in WA 45/2014 (State of Assam and Ors. vs. Upen Das & Ors.). 3. The case of the petitioner is that the petitioner has been serving as a as a Copyist under the Office of the Foreigner’s Tribunal Sivasagar. The petitioner has Page No.# 3/4 rendered more than 17 years continuous service without any break and has been discharging her duties diligently to the satisfaction of the competent authorities. It is the case of the petitioner she is entitled to get the benefit of minimum pay scale in terms of the decision rendered 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 the respondents have duly admitted that the petitioner has been rendering her services in the Foreigner’s Tribunal, Sivasagar since 2009. Therefore, the learned counsel for the petitioner 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. The learned counsel for the respondents 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 direction of a Division Bench 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 worker since 2009 which has not been disputed by the respondents. 6. Considering the same, the respondent authorities are directed to grant the petitioner 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 verification as may be required. The petitioners be afforded the minimum pay scale as directed near above as expeditiously as possible and Page No.# 4/4 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