Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A(Civil) No.1636/2025 in Cont.Cas(C)/45/2020 NABAB DAS CHOWKIDAR S/O LATE RANJAN DAS GOVT. B.D.S. DEAF AND DUMB SCHOOL KAHILIPARA GUWAHATI-19 VERSUS DEVOLA DEVI DAS EX DIRECTORATE OF SOCIAL WELFARE UZAN BAZAR GUWAHATI-1 ASSAM 2:SRI BIVASH MODI DIRECTOR SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-781001.
3:SHRI JAYANT NARLIKAR IAS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI 781006 ------------ Advocate for : DR G J SHARMA Advocate for : MR. D NATH appearing for DEVOLA DEVI DAS
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER Date :18.02.2026
1. Heard Mr. GJ Sharma, learned counsel for the applicant.
2. The present application is filed seeking impleadment of Shri Jayant Narlikar, IAS, Commissioner & Secretary to the Government of Assam, Finance Department, Janata Bhawan, Dispur, Guwahati-781006, as party respondent No.3 in the connected Contempt Petition.
3. By the order dated 01.02.2019, the writ petition preferred by the petitioner was disposed of by directing the respondent authorities to consider his case after verification in terms of Paragraph 22 of the Division Bench judgment in State of Assam Vs. Shri Upen Das & 836 others, WA No.45/2014.
4. Amongst others, by the aforesaid order, the Division Bench
directed the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 01.08.2017.
5. The respondent/employer of the petitioner initially sent a proposal to the Finance Department for its concurrence, however, the Finance Department rejected the aforesaid proposal on the ground that it is difficult to keep adding such personnel to the list as many opportunities have been given since 2019. Subsequently, yet another proposal was sent by the employer to the Finance Department for grant of scale of pay as directed in Upen Das (supra). However, same has not yet been decided by the Finance Department.
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6. In the aforesaid backdrop, the learned counsel for the applicant/petitioner argues that this court directed the authorities, which includes the Finance Department, to consider the case of the applicant/petitioner and to decide whether his case comes within the parameter as laid down in Upen Das (supra). However, without such verification and determination the Finance Department has rejected his case for some other reason.
7. After perusal of the pleadings as well as the materials available on record, this court is of the view that the Commissioner & Secretary, Finance Department is required to be impleaded as party respondent in the connected contempt petition.
8. Accordingly, Shri Jayant Narlikar, IAS, Commissioner & Secretary to the Government of Assam, Finance Department, Janata Bhawan, Dispur, Guwahati-781006 be impleaded as party respondent No.3 in the contempt petition.
9. The applicant/petitioner shall provide an amended memo of parties before the registry. Accordingly, the registry shall correct the memo of parties and list the connected contempt petition after necessary amendment.
10. The I.A stands disposed of.
JUDGE Comparing Assistant