Page No.# 1/6 GAHC010276782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7219/2025 JOAB NARZARY AND 7 ORS. S/O-BHOBEN NARZARY, AGED ABOUT-38 YEARS, VILL-DANGSHIBARI, P.O-DUTTAPUR, DIST-CHIRANG, BTC, ASSAM, PIN-783373 2: HIRIMBHA BASUMATARY S/O-HIRENDRA BASUMATARY AGED ABOUT-39 YEARS VILL-UTTER RUNIKHATA P.O-RUNIKHATA DIST- CHIRANG BTC ASSAM PIN-783375 3: BIJEET BARO S/O-GEDARAM BARO AGED ABOUT-38YEARS VILL-KUMGURI P.O-RUPAHI DIST- BAKSA BTC ASSAM PIN-781320 4: JWNGSAR BASUMATARY S/O-LT. AREN BASUMATARY AGED ABOUT-38YEARS VILL-ODALGURI P.O-PATGAON DIST-KOKRAJHAR BTC ASSAM PIN-783346 Page No.# 2/6 5: GUNESWAR BASUMATARY S/O-NARASINGH BASUMATARY AGED ABOUT-38YEARS VILL-ODALGURI P.O-PATGAON DIST- KOKRAJHAR BTC ASSAM PIN-783346 6: RONOSHRI NARZARY S/O-ISHAHAK NARZAERY AGED ABOUT- 38 YEARS VILL-SURIBARI P.O-SORAIBIL DIST- KOKRAJHAR BTC ASSAM PIN-783350 7: JYOTIMA NARZARY D/O-LOMEN NARZARY AGED ABOUT-40 YEARS VILL-BENGTOL KUMGURI P.O-BENGTOL DIST-CHIRANG BTC ASSAM PIN- 783394 8: JANABIR DAWIMARY S/O-GALA DWIMARY AGED ABOUT-38 YEARS VILL-ODALGURI P.O-PATGAON DIST- KOKRAJHAR BTC ASSAM PIN-78334 VERSUS THE STATE OF ASSAM 10 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI- 6. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST Page No.# 3/6 ASSAM REHABARI GUWAHATI-8. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR ASSAM PIN-783370 5:THE SECRETARY FOREST DEPARTMENT BTC ASSAM PIN-783370 6:THE COUNCIL HEAD OF THE DEPARTMENT OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 8:ADDL PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM COUNCIL HEAD OF THE DEPARTMENT FOREST BTC KOKRAJHAR ASSAM PIN-783370 9:THE DIVISIONAL FOREST OFFICER CHIRANG DIVISION KAJALGAON Page No.# 4/6 CHIRANG BTR ASSAM PIN783385 10:RUNIKHATA FOREST RANGE OFFICER RUNIKHATA CHIRANG BTC ASSAM PIN-783375 11:FOREST DEPOT OFFICER BASUGAON CHIRANG BTC ASSAM PIN-78337 Advocate for the Petitioner : MR. A BORO, MS N NEWME,MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, BTC,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.12.2025 Heard Mr. A Boro, learned counsel for the petitioners. Also heard Mr. A Sarma, learned Standing Counsel, BTC, Ms. H Baruah, learned counsel for the Finance Department and Mr. I Borthakur, learned Standing Counsel, Forest Department. 2. The case of the petitioners is that due to shortage of manpower between the period of 2007, they have been engaged as casual workers for protection of Page No.# 5/6 forest and wildlife under different Divisions in Kokrajhar District, BTC. Even 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 that they are entitled to get the benefit of minimum pay scale in terms of the decisions rendered by a Division Bench of this Court in “State of Assam Vs. Shri. Upen Das” reported in 2020 (5) GLT 605. 3. The learned counsel for the petitioners submits that the respondent authorities have duly admitted that the petitioners have been rendering their services, in the Forest Department, Kokrajhar, BTC since 2007. 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 petitioners a minimum scale of pay in terms of Upen Das (supra). 4. Mr. A Sarma, learned Standing Counsel, BTC, on the other hand, submits that the petitioners are only engaged on 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 directions passed by the Division Bench of this Court in Upen Das (supra) is that all such Muster Roll Workers, Worked 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 of Page No.# 6/6 pay scale w.e.f. 01.08.2017. Admittedly, the petitioners in the present case are not working against a sanctioned post but are engaged as casual workers since 2007 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 make necessary verification so as to ascertain the entitlement of the benefits of the petitioners to be conferred in terms of Upen Das (supra). The petitioners be afforded the minimum pay scale as directed note 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. This writ petition accordingly stands disposed of. JUDGE Comparing Assistant