Page No.# 1/8 GAHC010163022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4196/2025 ANKIT TANTI AND 20 OTHRS S/O-RAJEN TANTI, AGED ABOUT-36 YEARS, VILL-ORANGAJULI TEA GARDEN, P.O-PANERI, DIST- UDALGURI, BTC, ASSAM, PIN-784523 2: NAYAN JYOTI SARMA S/O-SRI BENUDHAR SARMA VILL-NIZ JAPARABARI P.O-BENGBARI DIST-UDALGURI BTC ASSAM PIN-784523 3: AMIT LAKRA S/O-LT.SUKHADEW LAKRA VILL-BUDLAPARA T.E. P.O-DIMAKUCH DIST- UDALGURI BTC ASSAM PIN-784526 4: RAJIB BORO S/O-LT PRITAM BORO VILL- NO.4 RAJAGARH P.O-RAJAGARH DIST- UDALGURI BTC ASSAM PIN-784527 5: PRADIP BASUMATARI S/O-LT. BAISAGU BASUMATARI VILL-SONAI KHOWRANG Page No.# 2/8 P.O-BANDORGURI DIST- UDALGURI BTC ASSAM PIN-784509 6: CHARANJIT BASUMATARY S/O-SRI GAJENDRA BASUMATARY VILL-NO.2 KHOMABARI P.O-BANDARGURI DIST- UDALGURI BTC ASSAM PIN-784509 7: SUNILAL BORO S/O-LT. LALIT BORO VILL-NO.2 KHOMABARI P.O-BANDARGURI DIST- UDALGURI BTC ASSAM PIN-784509 8: JATIN DAIMARY S/O-LT.KANDURAM DAIMARY P.O-ORANG DIST- UDALGURI BTC ASSAM PIN-784114 9: SANJAY DAIMARY S/O-LT. DHIREN DAIMARY VILL-PUNDIBARI P.O-NAYEKGAON DIST-KOKRAJHAR BTC ASSAM PIN-783376 10: DEBAJIT BORO S/O-SRI RANJIT BORO VILL-NO.1 DIMAKUCHI P.O-DIMAKUCHI DIST- UDALGURI BTC ASSAM Page No.# 3/8 PIN-784526 11: ARUN JYOTI SARMA S/O-SRI CHANDRA KANTA SARMA VILL-ORANG CHAMUAGAON P.O. AND P.S.- ORANG DIST- UDALGURI BTC ASSAM PIN-784114 12: GWMSAR BORO S/O-SRI JONA RAM BORO P.O-PASCHIM PATALA DIST- UDALGURI BTC ASSAM PIN-784526 13: BIKASH BORO S/O-LATE KULEN BORO VILL AND P.O-PASCHIM PATALA DIST- UDALGURI BTC ASSAM PIN-784526 14: HEMANTA BORO S/O-SRI EZAB BORO VILL-GHEWNALA P.O-MURMELA DIST- UDALGURI BTC ASSAM PIN-784521 15: PRADEEP SAHARY S/O-PRAMUD SAHARY S.O- PASCHIM PATALA DIST- UDALGURI BTC ASSAM PIN-784526 16: KALYAN BORO S/O-LT. CHIKAN CH. BORO VILL-NO.2 KALAIGAON P.O-KALAIGAON Page No.# 4/8 DIST- UDALGURI BTC ASSAM PIN-784525 17: PRABIN DAIMARI S/O-LT. GOPAL DAIMARI VILL-SERFANGAON P.O-BANDORGURI DIST-UDALGURI BTC ASSAM PIN-784509 18: SUBEN DAIMARI S/O-LT. SONTHOD DAIMARI VILL-BHITOR SONAI P.O-BANDORGURI DIST-UDALGURI BTC ASSAM PIN-784509 19: RAJIB SWARGIARY S/O-TULEN SWARGIARYVILL-KATAHKUCHI P.O-BARKHANAJAN P.S-NALBARI DIST-NALBARI PIN-781337 20: BHAGIRATH BASUMATARY S/O-SRI KANTA BASUMATARY VILL-NONAIKHAS BASTI P.O-KALIKHOLA DIST-UDALGURI BTC ASSAM PIN-784526 21: SUNIL BASUMATARY S/O-MOHIT BASUMATARYA VILL-NONAIKHAS BASTI P.O-KALIKHOLA DIST-UDALGURI BTC ASSAM PIN-78452 VERSUS Page No.# 5/8 THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI- 6. 2:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR ASSAM GUWAHATI-6 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM REHABARI GUWAHATI-8. 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 5:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR ASSAM PIN-783370 6:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:ADDL PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM COUNCIL HEAD OF THE DEPARTMENT FOREST BTC KOKRAJHAR PIN-783370 8:THE DIVISIONAL FOREST OFFICER DHANSIRI FOREST DIVISION UDALGURI BTC ASSAM PIN-784114 Page No.# 6/8 9:THE FOREST RANGE OFFICER S.F. RANGE UDALGURI BTC ASSAM PIN-784509 10:THE BEAT OFFICER SAMRANG BEAT UNDER NUNAI RANGE UDALGURI BTC ASSAM PIN-78452 Advocate for the Petitioner : MR. A BORO, MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, FINANCE,SC. BTC BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 01.08.2025 Heard Mr. A. Boro, learned counsel appearing for the petitioners. Also heard Mr. S. Bora, learned Standing Counsel, BTC, appearing for the respondent Nos.5 to 11 and Mr. A. Chaliha, learned counsel, appearing for the respondent No.4. Ms. M. Kalita, learned Standing Counsel, Forest Department, appearing for the respondent Nos.1, 2 and 3. 2. The case of the petitioners is that due to a shortage of manpower between the period of 2006-2007, they had been engaged as casual workers under the Dhansiri Forest Division, Udalguri, for the protection of the Bornadi Wildlife Sanctuary, Udalguri, BTC. Ever 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 Page No.# 7/8 that they are entitled to get the benefit of minimum pay scale in terms of the decision rendered by a Division Bench of this Court in the case of State of Assam v. Shri Upen Das, reported in 2020 (5) GLT 605. 3. Mr. A. Boro, learned counsel for the petitioners, submits that the respondent authorities have duly admitted that the petitioners have been rendering their services in the Dhansiri Forest Division, Udalguri, BTC since 2006-07. 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 petitioner a minimum scale of pay in terms of Upen Das (supra). 4. Mr. S. Bora, learned Standing Counsel, BTC, on the other hand, submits that the petitioners are only engaged on a 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 of this Court in Upen Das (supra) is that all such Muster Roll Workers, Work 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 pay scale w.e.f. 01.08.2017. Admittedly, the petitioners in the present case are not working against a sanctioned post but have been engaged as casual workers since 2006-07 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 be at liberty to make necessary verification as may be required. The Page No.# 8/8 petitioners be afforded the minimum pay scale as directed near 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. 6. Accordingly, writ petition stands disposed of. JUDGE Comparing Assistant