Page No.# 1/8 GAHC010206672024 2025:GAU-AS:8734 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5600/2024 GAUTAM KUMAR DAS AND 13 ORS S/O- TILAK DAS, R/O- VILLAGE AND P.O- BARKHOPA, P.S- TAMULPUR, PIN-781367, DIST- BAKSA (BTAD), ASSAM 2: RUPAM SARMA S/O- LATE HARENDRA KUMAR SARMA R/O- BISHNU RABHA PATH SHANTIPUR P.O- BIDYAPUR PIN-781335 DIST- NALBARI ASSAM 3: ANJUM BORAH S/O- LATE GUNA KANTA BORAH R/O- SHREE OLIVIA H.NO-11 B-2 2ND FLOOR ASHOK PATH JATIA KAHILIPARA GUWAHATI PIN-781006 DIST- KAMRUP METRO ASSAM 4: MAITREYI DEVI W/O- DR. PARTHA PRATIM TALUKDAR H.NO-115 Page No.# 2/8 NIZARAPAR BIRUBARI GUWAHATI PIN-781016 DIST- KAMRUP METRO ASSAM 5: PARTHA SAIKIA S/O- SONTI RAM SAIKIA R/O- KANAKLATA PATH BISHNU RABHA NAGAR MALIGAON GUWAHATI PIN-781011 DIST- KAMRUP METRO ASSAM 6: MOUSHUMI CHOWDHURY C/O- MONMOTH CHOWDHURY R/O- SC GOSWAMI ROAD PANBAZAR GUWAHATI PIN-781001 DIST- KAMRUP METRO ASSAM 7: UTPAL BURAGOHAIN S/O- LATE PUNARAM BURAGOHAIN R/O- HAPPY VILLA UZANBAZAR GUWAHATI PIN-781001 DIST- KAMRUP METRO ASSAM 8: HEMEN DEKA S/O- ADITYA DEKA R/O- VILLAGE MOUKUCHI P.O- PUTHIMARI P.S- KAMALPUR PIN-781380 Page No.# 3/8 DIST- KAMRUP (R) ASSAM 9: DEABO DUTTA S/O- LATE BHAGA DUTTA BORO C/O-BINO BALA BORO OPP. NEWFIELD COMPLEX NEAR SIDDHARTHA RESIDENCY PALTAN BAZAR GUWAHATI PIN-781008 DIST- KAMRUP METRO ASSAM 10: ZAKIR IMADUL IMAN C/O- LATE NURUL IMAN R/O- FLAT NO-I 3C NESCON IMPPERIAL BHETAPARA GUWAHATI PIN-781028 DIST- KAMRUP METRO ASSAM 11: NAYAN DEV CHOUDHURY S/O- LATE DINESH DEV CHOUDHURY P.O AND P.S- PATACHARKUCHI H.NO-63 SMR PATH DIST- BAJALI PIN-781326 ASSAM 12: ANANTA RAM BAISHYA S/O- LATE RAMESH BAISHYA VILLAGE AND P.O- BONGSAR P.S- SUALKUCHI DIST- KAMRUP RURAL ASSAM Page No.# 4/8 PIN-781103 13: UJJAL DUTTA S/O- LATE DINESH DUTTA H.NO-42 KANAKLATA PATH NARAYAN NAGAR KUMARPARA P.O AND P.S- BHARALUMUKH GUWAHATI PIN-781009 DIST- KAMRUP METRO ASSAM 14: HOILEMKIM ZASEL W/O- KHUPJANG DOUNGEL VILLAGE AND BPO SONGPIJANG P.S- HAFLONG PIN-788819 DIST- DIMA HASAO ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE CHIEF SECRETARY , TO THE GOVT OF ASSAM, DISPUR, GUWAHATI-06 2:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM FINANCE (PAY RESEARCH UNIT) DEPARTMENT 3RD FLOOR JANATA BHAWAN DISPUR GUWAHATI-06 3:THE LEGAL REMAMBRANCER AND SECRETARY TO THE GOVT. OF ASSAM JUDICIAL DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-06 4:THE REGISTRAR GENERAL GAUHATI HIGH COURT Page No.# 5/8 PRINCIPAL SEAT GUWAHATI PIN-78100 For the petitioner (s) : Mr. N. Baruah, Advocate For the respondent (s) : Mr. B. Gogoi, SC, Finance Mr. H. K. Das, SC, GHC BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 26.06.2025 Heard Mr. N. Baruah, the learned counsel appearing on behalf of the petitioners; Mr. B. Gogoi, the learned Standing Counsel, Finance Department, Assam as well as Mr. H. K. Das, the learned Standing Counsel of the Gauhati High Court. 2. The petitioners herein who are working as Administrative Officers (Judicial) and Court Masters in the Principal Seat of the Gauhati High Court seek parity in the pay scale with the Sheristadars and the Head Assistants in the District Courts of Assam respectively. In that regard, representations were submitted on 07.02.2018 to the Hon’ble Chief Justice of the Gauhati High Court for grant of appropriate pay scale to the post of the Administrative Officers (Judicial) in the Principal Seat of the Gauhati High Court and another representation was Page No.# 6/8 submitted on 04.12.2017 for revision of pay and grant of appropriate pay scale to the post of Court Masters working in the Principal Seat of the Gauhati High Court. However, as nothing has been done in that regard, the grievances of the petitioners remain unredressed for which the petitioners have approached this Court by filing the present writ petition. 3. This Court finds it relevant to take note of the judgment of the Supreme Court in the case of State of Maharashtra vs. Association of Court Stenos, P.A., P.S, and Another, reported in (2002) 2 SCC 141 wherein the Supreme Court made it very clear that the doctrine of equal pay for equal work is an equitable principle, but it would not be appropriate for the High Court in exercise of the discretionary jurisdiction under Article 226 of the Constitution to examine the nature of the work discharged by the staff attached to the Hon’ble Judges of the Court and direct grant of a particular pay scale to such employees as that could be a matter for the Hon’ble Chief Justice within his jurisdiction under Article 229 of the Constitution to do. 4. In the backdrop of the above, it is relevant to take note of that the petitioners have duly submitted the representations before the Hon’ble Chief Justice and Mr. H. K. Das, the learned Standing Counsel of the Gauhati High Court submitted that the said representations have been forwarded to the Judicial Page No.# 7/8 Department. 5. This Court has also put a specific query upon Mr. H. K. Das, the learned Standing Counsel of the Gauhati High Court as to whether the Hon’ble Chief Justice has passed any decision on the representations as to what should be the pay scale of the Administrative Officers (Judicial) and Court Masters of the this Court to which he submitted that only the representations have been forwarded to the Judicial Department. 6. During the course of the hearing, Mr. B. Gogoi, the learned Standing Counsel, Finance Department of Assam referred to a recent order passed by this Court dated 19.06.2025 in WP(C) No.2716/2023 wherein this Court had passed necessary directions so that the Hon’ble Chief Justice of the Gauhati High Court can make Rules in so far as pay, leave, pension, allowance, etc. in exercise of the power under Article 229 (2) of the Constitution. It is also seen from the said order dated 19.06.2025 so referred to that an exercise is required to be carried out as regards the fixation of pay of the employees of the Gauhati High Court by forming a Committee by the Hon’ble Chief Justice. 7. Taking into account the above, this Court directs the Registrar General of the Gauhati High Court to place the aforesaid two representations of the petitioners before the said Page No.# 8/8 Committee to be formed by the Hon’ble Chief Justice in pursuant to the order dated 19.06.2025 passed in WP(C) No.2716/2023 so that the said Committee can consider the grievances of the petitioners. 8. With the above observations, the instant petition stands disposed of. JUDGE Comparing Assistant