Page No.# 1/6 GAHC010071412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1937/2025 ENOS ROY S/O- DANIEL ROY, VILLAGE SHYAMAGURI, PO SRIRAMPUR, PS GOSSAIGAON, DISTRICT KOKRAJHAR, BTR, ASSAM 2: SUREN RABHA S/O- KHARGESWAR RABHA VILLAGE CHECHAPANI PO LALMATI PS KAZIGAON DISTRICT KOKRAJHAR BTR ASSAM 3: ABU BAKKAR SIDDIQUE S/O- LATE HAZRAT ALI VILLAGE PALASHGURI PO SAPKATA PS GOSSAIGAON DISTRICT KOKRAJHAR BTR ASSA VERSUS THE ASSAM POWER DISTRIBUTION CO LTD REPRESENTED BY THE CHAIRMAN, APDCL, BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI, ASSAM 2:THE CHIEF GENERAL MANAGER BIJULEE BHAWAN PALTAN BAZAR Page No.# 2/6 GUWAHATI ASSAM 3:THE GENERAL MANAGER KOKRAJHAR ELECTRICAL DIVISION DISTRICT KOKRAJHAR BTR ASSAM 4:THE SUB DIVISIONAL ENGINEER GOSSAIGAON ELECTRICAL SUB DIVISION PO AND PS GOSSAIGAON DISTRICT KOKRAJHAR BTR ASSA Advocate for the Petitioner : MS. L WANGSA, U BHARADWAJ,MS A DAS,MRS. R S DEURI,MR. T DEURI,MR A ATREYA Advocate for the Respondent : SC, APDCL, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 07/04/2025 Heard Mr. T. Deuri, learned counsel for the writ petitioners. Also heard Mr. B. Das, learned Standing Counsel, APDCL, appearing for the respondents. The writ petitioners herein claim to be Out Source Sahayaks/Workers under the Gossaigaon Electrical Division of the APDCL. Their grievance is that the respondents have not considered their cases for enhancement of fixed pay although other similarly situated candidates have already got the benefit of increased fixed pay. Mr. Deuri has also produced a copy of the order dated 09/02/2024 passed by this Court in a similar writ petition [WP(C) 6923/2023 (Anwar Hussain Laskar and 3 others Vs. The Assam Power Distribution Ltd. and others] granting relief to similarly situated writ petitioners with a further prayer Page No.# 3/6 that this writ petition be also disposed of with a similar direction. Mr. B.Das, learned Standing Counsel, APDCL, does not have any objection to the above prayer but his only submission is that the action to be taken in the matter, would be subject to proper verification of the individual claims of the petitioners. The facts and circumstances in which, the order dated 09/02/2024 had been passed by a Coordinate Bench of this Court, are reproduced herein below, for ready reference :- 2. The petitioners before this Court are Outsourced Sahayak in the Office of the Sub- Divisional Engineer, Sonai Electrical Sub-Division APDCL, Kabuganj. They are receiving the salary directly from the APDCL and the board meeting of the Assam Power Distribution Company Ltd. held on 28th of June, 2023 by resolution No. 93 resolved for fixation and increase of wages and Outsourced Workers in APDCL who are getting direct payment from APDCL and convertingPage No.# 3/6 Outsourced Workers to Contractual Workers under APDCL and productive use of the Outsourced Workers. However, as the petitioners were not given the increase wages, they have filed the present writ petition with the following prayers: “Under the premises aforesaid, it is therefore, most respectively prayed that Your Lords would be graciously pleased to admit this petition, call for the records, issue of mandamus directing the respondents authorities to verified the service records of the petitioners in terms of the Order dated 22.08.2023 (Annexure-13) which are not done rather other similarly situated whose service records were verified and/or pass such other orders as Your Lordships may deem for and proper for the ends of justice.” 3. During the course of hearing, Mr. S. P. Sarma, learned standing counsel APDCL has produced an Office Order dated 02.12.2023, issued by the Chief General Manager, HRA, APDCL and the office order is reflected herein below: “ ASSAM POWER DISTRIBUTION COMPANY LIMITED (A fully customer centric company) Office: Nijulee Bhawan, Paltanbazar, Guwahati-871001, Assam E-mail: CGM.HR@apdcl.org, Ebsite:www.apdcl.org. Page No.# 4/6 No.MD/APDCL/RC/Outsourced/19/2017/Pt-1/29 Date 02/12/2023 OFFICE ORDER 1. Upon due consideration of the long-standing demand of the Outsourced workers of the Assam Power Distribution Company Ltd. And keeping in mind the Current Financial condition of the APDCL and with due approval from the Govt. of Assam, the BOD vide Resolution No.93(I) (II) adopted in the Board Meeting Dated 28.06.2023, has decided to enhance the remuneration of the Outsourced workers, who are found to be eligible after their document verification is fixed as shown below: Sl. No. Experience in APDCL as outsourced engagement as on 31.10.2023 Monthly remuneration (Rs) 1 Less than 5 years 12,000.00 If any MR/BC/OCFA of Experience less than 5 years is interested to work as Sahayak in the Sub-station 13,000.00 2 Equal to or more than 5 years but less than 10 years 14,000.00 If any MR/BC/OCFA of Experience equal to or more than 5 years but less than 10 years is interested to work as Sahayak in the Sub-station 15,000.00 3 Equal to or more than 10 years 17,000.00 If any MR/BC/OCFA of Experience equal to or more than 10 years is interested to work as Sahayak in the Sub-station 18,000.00 2. However, the Monthly remuneration of Outsourced workers In the Skilled Page No.# 5/6 Category (Computer Operator with Diploma/Ex-Serviceman/Driver/Sahayak with ITI/LT/HT line certificate) on having a minimum of 3(three) years of Working Experience as on 31.10.2023 is made equal of 15,000.00. 3. The benchmark set for collection of reading/preparation of bills for each outsourced BC/MRs is 1050 nos. Below this benchmark, they shall not be entitled to het payment at enhanced rates and shall continue to work at present pay per bill basis. Further, due to installation of Smart Meters, wherever it is not feasible to allot 1050-meter readings per MR/BC, the concerned CEOs may re- allocate different working sub-divisions to the MR/BCs or may engage them in any other work (Sahayak/Peon/Chowkidar, etc.) as per their qualifications. 4. The effective date of enhancement of remuneration shall be from 01.12.2023. 5 5. The Provisional List of eligible Outsourced workers for enhancement of remuneration shall be published Circle-wise and Phase-wise from December 2023 onwards. By order etc Chief General Manager (HRA), APDCL, Bijulee Bhawan, Paltanbazar,Guwahati-1” On the basis of the Office order dated 02.12.2023, learned standing counsel, APDCL submits that the respondents have complied with the resolution passed by the Board of Directors and therefore, the petitioners may be directed to submit the relevant documents before the APDCL Authority and after verification their grievance would be resolved. 4. Regarding the submissions made by the learned standing counsel, APDCL, this writ petition is disposed of directing the petitioners to submit their documents for verification before the concerned APDCL authorities within a period of 1(one) month from today. Thereafter, the authorities in APDCL shall consider the case of the petitioner in terms of office order dated 02.12.2023 within a period of 2(two) months from the date of receipt of the documents from the petitioner.” Since there is consensus at the Bar that the petitioners’ cases are also covered by the order Page No.# 6/6 dated 09/02/2024, this writ petition is disposed of by providing that the petitioners’ case be also considered as per the directions contained in para 4 of the order dated 09/02/2024, within a period of two months from the date of receipt of the documents, to be submitted by the writ petitioners along with a certified copy of this order. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant