Page No.# 1/7 GAHC010178652025 2025:GAU-AS:14355 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4624/2025 RAJIB ROY S/O LATE HARENDRA KR. ROY , R/O VILL. ASHRAM ROAD, WARD NO. 3, P.O. AND P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM, PIN 788151 2: RUPAK DEBNATH S/O LATE NANI GOPAL DEBNATH R/O WARD NO. 9 HAILAKANDI TOWN P.O. AND P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN 788151 3: SALIM UDDIN MAZUMDAR S/O ABDUL HAQUE MAZUMDAR R/O VILL. DAKSHIN SONAPUR II P.O. SAMARIKUNA P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN 788155 4: JAHANARA BEGUM MAZUMDAR W/O JAHIR UDDIN MAZUMDAR R/O VILL. RANGAUTI PART I P.O. RANGAUTI PART II P.S. HAILAKANDI DIST. HAILAKANDI ASSAM Page No.# 2/7 PIN 788155 5: SOFIA BEGUM LASKAR D/O LATE NURUL HAQUE LASKAR R/O WARD NO. IV HAILAKANDI TOWN P.O. AND P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN 78815 VERSUS THE STATE OF ASSAM AND 4 ORS 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. SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI 6 5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD P.O. AND P.S. AND DIST. HAILAKANDI ASSAM Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA Advocate for the Respondent : SC, P AND R.D., SC, FINANCE Page No.# 3/7 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 27.10.2025 Heard Mr. F.K.R. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. A. K. Ghosh, learned counsel appearing on behalf of Mr. S. Dutta, learned standing counsel, P&RD, and Mr. A. Chaliha, learned standing counsel, Finance Department. 2. By way of this petition under section 226 of the Constitution of India, the petitioner is seeking minimum scale of pay as they have been working as casual workers for the last 20 years in the respective Gaon Panchayats under Hailakandi Zila Parishad as per the notification dated 16.09.2021 issued in terms of the order dated 18.06.2017 passed by the division bench of this court in W.A. No. 45/2014. 3. It is submitted at the bar that similar issue has already been closed by this court by the co-ordinate bench of this court in the case of Nazrul Haque Laskar and Anr., v. The State of Assam and Ors., in W.P(C)/5540/2019 by judgment & order dated 13.10.2023 and order dated 20.11.2023 in I.A.(Civil) No. 3238/2023. 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 08.06.2017, passed in Writ Appeal Page No.# 4/7 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” 4. 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: Page No.# 5/7 “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 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 Page No.# 6/7 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’” 5. Having heard the learned counsel appearing for both the parties and having perused the aforesaid judgment & order including the clarification order passed in the interlocutory application, this court is of the view that in the interest of justice, the instant writ petition can be similarly closed by directing the respondent P&RD to consider the claim in respect of the petitioners for grant of minimum scale of pay in terms of the judgment & order dated 13.10.2023 passed in W.P(C)/5540/2019, and the notification dated 16.09.2021, by Page No.# 7/7 verifying the same and upon such verification, pass a speaking order thereof, within a period of 60 days from the date of passing of this order. 6. It is needless to clarify that after verification, if the petitioners are found entitled for grant of minimum scale of pay as claimed, the respondent P&RD shall send the proposal forthwith to the Finance Department and upon such receipt of the proposal the respondent Finance Department shall do the needful in accordance with law within a period of 30 days from the date of such receipt. 7. The entire exercise shall be carried out within a period of 90 days from the date of receipt of the certified copy of this order. 8. The writ petition is accordingly disposed of. 9. Let a copy of this order be furnished by the Registry of this court to both the learned standing counsels appearing for the two concerned departments for forwarding the same to the department concerned for doing the needful as per the direction issued hereinabove. JUDGE Comparing Assistant