Page No.# 1/9 GAHC010072862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/200/2025 SANJIB MAZUMDER S/O SATYENDRA NATH MAZUMDAR, R/O S.T. ROAD, BADARPUR, P.O. AND P.S. BADARPUR, DIST. KARIMGANJ, ASSAM, PIN 788806 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI 781006, DIST. KAMRUP (M), ASSAM. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. FINANCE DEPTT. DISPUR GUWAHATI 781006 DIST. KAMRUP(M) ASSAM. 3:THE DIRECTOR MUNICIPAL ADMINISTRATION DEPTT. ASSAM DISPUR GUWAHATI 781006 DIST. KAMRUP (M) ASSAM. 4:THE CHAIRPERSON BADARPUR MUNICIPAL BOARD Page No.# 2/9 BADARPUR DIST. KARIMGANJ ASSAM PIN 788806 5:THE EXECUTIVE OFFICER BADARPUR MUNICIPAL BOARD BADARPUR DIST. KARIMGANJ ASSAM PIN 788806 6:THE DEPUTY COMMISSIONER KARIMGANJ DIST. KARIMGANJ ASSAM PIN 788806 7:THE OFFICER SUPERINTENDENT CUM ACCTT. OFFICER OFFICE OF THE BADARPUR MUNICIPAL BOARD BADARPUR DIST. KARIMGANJ ASSAM PIN 78880 Advocate for the Petitioner : MR. B BARUAH, Advocate for the Respondent : SC, FINANCE DEPTT., MR. S. J. SARKAR (R-4,7),MR. S P CHOUDHURY(R-4,7),GA, ASSAM Page No.# 3/9 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 04.12.2025 [ N.Unni. Krishnan Nair, J ] Heard Mr. B. Baruah, learned counsel for the appellant. Also heard Mr. S. J. Sarkar, learned counsel, appearing for the respondent nos.4, 5 & 7. 2. The appellant by instituting the present intra-court appeal has assailed the Judgment And Order dated 04-03-2025 passed by the learned Single Judge in WP(C).No.5154/2022. 3. The appellant, herein, had instituted WP(C).No.5154/2022, inter alia, praying, therein, for a direction upon the authorities of Badarpur Municipal Board to authorize to the appellant the scale of pay of the post of Junior Engineer w.e.f. 01-07-2014, in pursuance to the resolutions as adopted by the Board in its meetings held on 27-08- 2012 and 30-08-2014. The appellant, herein, was appointed as a Junior Engineer in the Technical Branch of the erstwhile Badarpur Town Committee (presently Badarpur Municipal Board), vide issuance of an order dated 31-03-2010. The appellant was so appointed on a consolidated pay of Rs. 4,500/-(Rupees Four Thousand Five Hundred) per month. The Badarpur Town Committee in its meeting held on 27-08-2012 adopted a resolution to regularize the pay of the fixed pay Workers and Safaiwalas engaged in the office and to forward the pay scale so fixed in respect of each of such category of employees to the Government for approval. 4. The appellant had projected in the writ petition that similarly situated persons working on fixed pay basis were authorized a scale of pay but the said benefit was not extended to the appellant. The Badarpur Town Committee, thereafter in its meeting Page No.# 4/9 held on 30-08-2014 adopted a resolution to authorize to the appellant, herein, his salaries in the pay band of Rs. 5,200/-Rs.20,200/- with Grade Pay of Rs.3,300/- w.e.f 01-07-2014. In pursuance to the said resolution as adopted by the Badarpur Town Committee, the Chairperson of the Committee vide communication dated 06-09-2014, forwarded the said resolution to the Director, Municipal Administration, for approval of the scale as decided to be authorized to the appellant, herein. The proposals as forwarded by the Badarpur Town Committee, however did not receive the approval from the concerned authorities and the appellant continued to render his services on fixed pay basis. 5. It is in the above circumstances that the appellant had approached the Writ Court praying for reliefs as noticed, hereinabove. During the pendency of the writ petition, the Badarpur Municipal Board in its meeting held on 27-09-2024, arrived at a decision to extend the benefit of Regular Pay Scale in respect of 12 (twelve) fixed pay employees serving in the Board, including the petitioner, herein. In the resolution so adopted by the Board in its meeting held on 27-09-2024, the name of the petitioner finds mention and he is shown to be working as a Junior Engineer in Grade II. However, in the said resolution, it was stipulated that the regularization of the pay scale of the appellant, herein, is kept pending as the matter was subjudice before this Court in WP(C).No.5154/2022. The learned Single Judge, on noticing the said developments taking place in the matter, proceeded vide order dated 04.03.2025, passed in WP(C).No.5154/2022, to direct the respondent authorities to authorize to the petitioner a regular scale of pay w.e.f the date on which his Juniors engaged on fixed pay basis, were granted the benefit of regular pay scale. 6. The appellant being aggrieved by the said direction which had the effect of limiting the receipt of the benefit of regular scale of pay by the appellant w.e.f. 01-04- 2024 only and not w.e.f. 01-07-2014, in terms of the decision of the Badarpur Town Committee adopted in its meetings held on 27-08-2012 and 30-08-2014, has Page No.# 5/9 instituted the present proceedings. 7. Mr. B. Baruah, learned counsel for the appellant, after reiterating the facts as noticed hereinabove, has submitted that the Badarpur Town Committee, having resolved to authorize to the petitioner his pay and allowances in the regular scale of pay, the same being not authorized only on the grounds of an approval thereof not being received from the Government, which he contends to be not necessitated, has submitted that the appellant is required to be authorized his scale of pay w.e.f. 01-07- 2014 along with the arrears, thereof. He submits that the directions passed by the learned Single Judge vide the order dated 04-03-2025 would mandate an interference to the extent that the scale of pay required to be authorized to the petitioner be directed to be so authorized with retrospective effect i.e., w.e.f. 01-07-2014. 8. Per contra, Mr. S. J. Sarkar, learned counsel, representing the Badarpur Municipal Board, submits that although resolutions were adopted by the then Badarpur Town Committee for authorizing to the appellant, his pay and allowances in the regular scale of pay, the Committee being under the impression that such pay scale would be permissible to be so extended only with the approval of the Government, whereas it was the Town Committee and subsequently the Municipal Board , which was to bear all expenses of its staff, had not proceeded to authorize the scale of pay to the appellant, in pursuance to the earlier resolutions adopted by the Committee. He further submits that clarifications in the matter being received, the Board in its meeting held on 27-09-2024, adopted a resolution to extend the benefit of regular pay scale in the case of 12(twelve) fixed pay employees, including the appellant, herein and the appellant would be entitled to receive the said scale of pay in terms of the decision as taken in the meeting of the Board held on 27-09-2024, w.e.f. 01-04-2014 only. Accordingly, he submits that the learned Single Judge had not committed any error in directing the Board authorities to release to the appellant his pay and allowances in the Regular Scale Of Pay w.e.f. the date on which his juniors also engaged on fixed Page No.# 6/9 pay basis by the Board were granted the regular scale of pay. 9. We have heard the learned counsels for the parties and perused the materials available on record. 10. The learned Single Judge, in the order dated 04.03.2025, had noticed the contentions and submissions made by the learned counsel for the parties in the following manner; “The respondent nos. 4 & 7 have also filed joint counter affidavit. The statements made in paragraph 3 of the counter affidavit filed by the respondent nos. 4 & 7 is reproduced herein below for ready reference :- “3. That the respondent no. 5 being the Executive Officer of the Badarpur Municipal Board has already filed one Affidavit-In-Opposition thereby took a stand that the resolution of the Municipal Board with regard to the payment of salary to the petitioner as per scale was duly communicated to the Director of Municipal Administration, Govt. of Assam vide letter dated 06/09/2024 for necessary approval but inspite of repeated communications there was no reply from the side of the concerned authority and in view of not receiving instruction from the Director, Municipal Administration, the Badarpur Municipal Board couldn’t take any step with regard to the resolution so adopted by the Board on 27/08/2012. That the answering respondent no. 4 & 7 beg to state that even after repeated persuasion by the Board, no communication was received from the Director of Municipal Administration, Govt. of Assam clarifying the responsibility of the Board to make payment of salary and other allowances from the fund of the Board. After institution of the aforesaid Writ Petition, it has come to the notice of the board vide letter dated 17/09/2024 issued by the Director, Municipal Administration wherein it has been specifically mentioned that as per Sec. 50(1) of the Assam Municipal Act, it is incumbent upon the board to bear all the expenses of the staffs of the board but such opinion was never communicated to the board as such the board was under the presumption of not making payment of the enhanced salary and other allowances but in view of the aforementioned communication, the board is under legal obligation to pay the enhanced salary and other allowances to the concerned person. It is necessary to mention herein that in view of the communication dated 17/09/2024, the duty is casted upon the board to pay the enhanced salary and other allowances but in view of not making proper communication to the Board by the concerned authority during the relevant period of time, no liability can be imposed upon the board to pay the arrear enhanced salary and other allowances admissible to the aforementioned petitioner.” Page No.# 7/9 Today when the matter is called up, Mr. Baruah, learned counsel for the petitioner has produced a copy of the resolution no. 4 adopted in the special meeting of the Badarpur Municipal Board held on 27/09/2024 whereby, a decision had been taken to extend the benefit of regular pay scale in case of as many as 12 fixed pay employees. Accordingly, those employees are now drawing a pay scale. However, although the name of the writ petitioner also finds place in the list of beneficiaries, yet, his case for grant of regular pay scale has been kept in abeyance due to the pendency of this writ petition. Mr. S. Sarkar, learned counsel for the respondent nos. 4 & 7 submits that if the petitioner submits the requisite documents, his case will also be processed for grant of regular pay scale. Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, has also contended that as per section 50 of the Assam Municipal act, 1956, it will be open for the Municipal Board to grant regular pay scale to its employees and since a decision has already been taken by the Board to grant regular pay scale to other similarly situated fixed pay employees, hence, there is no reason as to why, similar benefit should not be given to the writ petitioner as well. “ 11. Basing on the said contentions of the parties as noticed by the learned Single Judge, the learned Single Judge proceeded to pass the following direction; “Taking note of the submission made by the learned counsel for the respective parties, this writ petition is being disposed of with the direction upon the respondent nos. 4, 5 & 7 to process the case of the petitioner for grant of regular pay scale. Such pay scale will be granted to the writ petitioner, with arrear dues, if any, by computing the same with effect from the date on which his juniors engaged as fixed pay employees by the Board were granted the benefit of regular pay scale. The pecuniary benefit, in terms of the order of this Court, shall be made available to the petitioner within 90(ninety) days from the date of receipt of a certified copy of this order, failing which, interest @ 12% per annum, from the date of this order till realization, on the dues payable to the petitioner, would be recoverable by the writ petitioner.” 12. We have carefully perused the conclusions drawn by the learned Single Judge as well as the directions passed basing on such conclusions. The pay and allowances requisite to be authorized to the employees of a Municipal Board, being the responsibility of the Board in terms of the provisions of Section 50 of the Assam Page No.# 8/9 Municipal Act, 1956, we do not find any error in the resolution adopted by the Badarpur Municipal Board in its meeting held on 27-09-24 to extend to the fixed pay employees of the Board, a regular scale of pay w.e.f. 01-04-2024. 13. Accordingly, the directions passed by the learned Single Judge, vide the order dated 04.03.2025, requiring the authorities of Badarpur Municipal Board to authorize to the appellant, herein, a Regular Scale Of Pay, and for release of his arrears, cannot be held to be erroneous, in the facts and circumstances of the present matter. 14. Having drawn the above conclusions, we clarify that, given the stand taken by the respondent Board, before the Learned Single Judge and reiterated before us, the appellant would be entitled to receive his pay and allowances in the prescribed scale of pay w.e.f. 01.07.2024 in terms of the resolution adopted by the Badarpur Municipal Board, in its meeting held on 27.09.2024. 15. We have been apprised by the learned counsel for the appellant that the appellant has still not been authorized his pay and allowances in the scale of pay of the post of Junior Engineer in pursuance to the decision of the Board, arrived at in its meeting held 27-09-2024. We having concluded that the appellant would be entitled to be authorized his due salaries in the Regular Scale Of Pay w.e.f. 01-07-2024, we direct the respondent nos.4, 5 & 7 to fix the pay of the appellant in the regular scale of pay, that would be required to be authorized to the post of Junior Engineer in Badarpur Municipal Board, w.e.f, 01-04-2024 and thereafter to release to the appellant the arrears thereof. The arrears of pay now accruing to the appellant be released to him within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. In the event, the arrears are not released to the appellant within the period of 60 (sixty) days from the date of receipt of certified copy of this order, the amount involved shall carry an interest @ 12% per annum from the date of this order, till the date of actual payment of the full arrears to the appellant, herein. Page No.# 9/9 16. With the above observations and directions, the present Writ Appeal stands disposed of. JUDGE JUDGE Comparing Assistant