Page No.# 1/6 GAHC010180572025 2025:GAU-AS:15458 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4607/2025 KAIDUL ALOM CHOUDHURY AND 3 ORS S/O LT. AFTAB UDDIN CHOUODHURY, R/O VILL. BASHDAHAR PART II, P.O. MATIJURI, P.S. HAILAKANDI, DIST. HAILAKANDI (ASSAM), PIN 788155 2: KALIM HUSSAIN BARBHUIYA S/O LT. NUR UDDIN BARBHUIYA R/O VILL. BASHDAHAR PART II P.O. MATIJURI P.S. HAILAKANDI DIST. HAILAKANDI (ASSAM) PIN 788155 3: DILRUBA KHANAM BARBHUIYA W/O MOINUL HOQUE BARBHUIYAN R/O VILL. DAKHIN JASHNABAD II P.O. TANTOO P.S. LALA DIST. HAILAKANDI (ASSAM) PIN 788163 4: JASHMIN SULTANA CHOUDHURY W/O NURUL ISLAM BARBHUIYAN R/O VILL. BAR HAILAKANDI P.O. BAR HAILAKANDI III P.S. HAILAKANDI DIST. HAILAKANDI (ASSAM) PIN 78815 VERSUS THE STATE OF ASSAM AND 4 ORS Page No.# 2/6 REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, FINANCE DEPTT., DISPUR, GUWAHATI 6 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI 6 3:THE SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI 6 4:ADDL.SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI 6 5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD P.O. P.S. AND DIST. HAILAKANDI ASSAM Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA Advocate for the Respondent : SC, FINANCE DEPTT., SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 14.11.2025 Heard Mr. F. K. R. Ahmed, learned counsel for the petitioners. Also heard Mr. A. K. Ghosh, learned counsel appearing on behalf of Mr. S. Dutta, learned Standing Counsel, Panchayat & rural Development Department for the respondent Nos. 2 to 5. Page No.# 3/6 2. By filing this writ petition, the petitioners have prayed for a direction to provide minimum scale of pay as they have been working as casual workers for the last 20 years in the various Gaon Panchayats, Assam in terms of the order dated 18.06.2017, passed by the Division Bench of this Court in W.A. No. 45/2014. 3. The petitioners, 4 (four) in numbers, were engaged as casual workers in Gangpar Dhumkar Kakshirbad Gaon Panchat, Sudarshanpur Bandukmara Gaon Panchayat, Tantoo Dhanipur Gaon Panchayat and Himaichandpur Gaon Panchayat under Hailakandi Zila Parishad in the year 2002, 2006, 2005 & 2006, respectively. 4. It is the contention of the petitioners that the respondents prepared the list of altogether 1375 casual workers working under various Panchayati Raj Institutions throughout the State of Assam, including the name of the petitioners at Sl. Nos. 563, 565, 652 & 685, however the petitioners have not been considered for payment of minimum pay scale. 5. It is submitted at the Bar that similar issue has been considered and disposed of by this Court in the case of Nazrul Haque Laskar & Anr. Vs. The State of Assam & Ors., passed in WP(C) NO. 5540/2019 by judgment & order dated 13.10.2023 and order dated 20.11.2023 in I.A.(Civil) No. 3238/2023. 6. Relevant paragraphs of the judgment & order dated 13.10.2023, reads as under:- “A perusal of the said notification dated 16.09.2021 reveals that the Government has recalled its earlier decision of grant of minimum of pay scale only to Muster Roll Workers/Work Charged Workers, who were appointed prior to AFRBM period. By the said notification, a decision was taken that all Muster Roll Workers appointed prior to AFRBM period will be granted the minimum of pay scale in terms of the order, dated Page No.# 4/6 08.06.2017, passed in Writ Appeal No. 45/2014 (State of Assam -Vs- Upen Das and others). In view of such submissions made by the learned counsel for the respondent and in view of the notification No. FEC(II)80/2018/156 dated 16.09.2021 issued under the signatures of the Commissioner & Secretary to the Government of Assam, Finance Department, this Court is of the view that the writ petition can be closed with a direction to the respondent authorities in the Finance Department to consider the proposal for grant of minimum scale of pay in terms of the order, dated 08.06.2017, passed in Writ Appeal No. 45/2014 in respect of the writ petitioners, as stated by the learned Standing Counsel for the P&RD Department. The Finance Department shall, thereafter, pass appropriate orders in terms of the direction contained in the order, dated 08.06.2017, passed in Writ Appeal No. 45/2014 within a period of 60 (sixty) days from the date of receipt of a certified copy of this order along with applications filed by the petitioners. In terms of the above direction, the writ petition stands closed and disposed of. Interim order, if any, stands merged. The P&RD Department will also ensure that any particulars/details etc. that may be necessary in respect of the writ petitioners to comply with the direction of this Court shall be forwarded forthwith to the Finance Department” 7. Relevant paragraph of the order dated 20.11.2023 read as under:- “5. Accordingly, this I.A. Stands disposed of. The order dated 13.10.2023 passed in W.P.(C) No. 5540/2019 stands corrected to the extent that by Notification dated 09.09.2021 (Signed on 16.09.2021) Government recalled its earlier decision for grant of minimum scale of pay only to the Muster Roll Workers who are appointed prior to AFRBM period and decided that all Muster Roll Workers appointed both prior and post AFRBM period will be granted minimum scale of pay in terms of the order dated 08.06.2017 passed in W.A. No. 45/2014. For connivance the Notification dated 09.09.2021 (Signed on 16.09.2021) is also extracted below: “GOVERNMENT OF ASSAM FINANCE (EC-II) DEPARTMENT DISPUR, GUWAHATI-781006 FEC(II) 80/2018/156 Dated Dispur, the September, 2021 From: Manish Thakur, IAS Commissioner & Secretary to the Govt. of Assam, Finance Department To: The Commissioner & Secretary/Secretary to the Govt. of Assam. ………………………………Department Ref: Notification No. FEC(II) 04/2014/414, dated 3.10.2019 (Flag-D) Sub: Payment of minimum pay scale to the Muster Roll/Work Charged/Casual and similarly placed workers who were appointed prior to AFRBM period/post AFRBM period in pursuance of Hon’ble Court’s order dated 8.6.2017 in W.A. No. 45/2014 (State of Assam –Vs- Upen Das & Ors.) Sir, In inviting a reference to the letter on the subject cited above, I am directed to forward herewith the list of Muster Roll/Casual/Fixed Pay and similarly placed workers Page No.# 5/6 who were appointed under Pre AFRBM period/post AFRBM period received from your department since approved and duly authenticated by the Finance Department to extend the benefits of payment of minimum pay scale to the Muster Roll/Casual/Fixed pay etc. workers in pursuance of Hon'ble Court's order dated 8.6.2017 in WA 45/2014 (State of Assam-Vs-Upen Das & Ors). The Administrative Departments are requested to strictly follow the guidelines indicated below: 1. The posts are personal to respective Muster Roll/Casual/Fixed pay and similarly placed workers and will be abolished as soon as the incumbents relinquish the posts in any manner. 2. The ban on fresh engagement of Muster Roll/Work Charged/Casual and similarly nature workers with effect from 01.04.1993 shall continue. Any deviation of this shall be dealt with seriously under the relevant provisions of the Assam Fiscal Responsibility and Budget Management Act. 2005. 3 Administrative Departments will ensure that no new Muster Roll. Casual, etc. workers are engaged against the expired/ retired / relinquished workers contained in the approved list of Finance Department. Departments shall annually intimate concerned control branch of Finance Department of the retired/expired etc workers to Finance Department. 4. The Departments will consult Finance (Budget) Department for necessary requirement of fund against the approved list of Finance Department. 5. The concerned Administrative Department will issue order on the basis of approved list of Finance Department and invariably forward the copy of the same to the concerned Treasury Officer. 6 The Departments are requested to create unique identity against each of the luster Roll/Work Charged and similarly placed workers who have been granted minimum of pay scale to come under the purview of CTMIS to avoid duplicity and for enabling striking of their names as an when they attain superannuation. 7 This list will be treated as final list approved by the Finance Department Henceforth, no new proposal submitted by any administrative department for grant of Minimum of Pay scale to the Muster Roll/Work Charged/Casual and similarly placed workers who were appointed prior to AFRBM period/post AFRBM period in pursuance of Hon'ble Court's order dated 86 2017 in WA 45/2014 (State of Assam-Vs. Upen Das & Ors) will be considered by Finance Department. (Manish Thakur, IAS) Commissioner & Secretary to the Govt. of Assam, Finance Department’” 8. Having considered the submissions of learned counsel for the parties and also on perusal of the aforesaid judgment and order including the clarification order passed in the interlocutory application as well as agreed to by learned counsel for the respondents, I am of the considered view that the present writ Page No.# 6/6 petition can be disposed of by granting a similar relief to the petitioners as provided in the above cases. 9. Accordingly, writ petition is disposed of with a direction to the respondent P&RD to consider the claim of the petitioners for grant of minimum scale of pay in terms of the judgment and order dated 13.10.2023, passed in WP(C) No. 5540/2019, and the notification dated 16.09.2021. Upon such consideration and verification, an appropriate order be passed. The exercise, as directed above, be completed within a period of 2 (two) months from the date of this order. 10. It is provided that if the petitioners are found entitled for grant of minimum scale of pay, the respondent P&RD shall send the proposal to the Finance Department and upon such receipt of the proposal, the Finance Department shall do the needful in accordance with law within a period of 1 (one) month from the date of receipt of the proposal from the respondent P&RD. 11. Writ petition stands disposed of accordingly. JUDGE Comparing Assistant