Page No.# 1/9 GAHC010267432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6889/2025 SURASH NARZARY AND 24 ORS. S/O MAJENDRA NATH NARZARY, AGED ABOUT 37 YEARS, VILL- BAIRALI, P.O- BAIRALI, DIST.- KOKRAJHAR, BTC, ASSAM, PIN- 783350 2: SUPRIYA BRAHMA D/O JHARENDRA BRAHMA AGED ABOUT 37 YEARS VILL. KOCHUGAON P.OKOCHUGAON DIST.- KOKRAJHAR BTC ASSAM PIN- 783350 3: RAJIB BASUMATARY S/O HOLIRAM BASUMATARY AGED ABOUT 40 YEARS VILLKAMARPARA P.O- KOCHUGAON DIST.- KOKRAJHAR BTC ASSAM PIN-783350 4: SOKO NARZARY S/O LT. SOLEN NARZARY AGED ABOUT 39 YEARS VILL- KARIKOR .OKOCHUGAON DIST.- KOKRAJHAR BTC ASSAM PIN- 783350 Page No.# 2/9 5: DWIMALU BASUMATARY S/O SAMIN BASUMATARY AGED ABOUT 37 YEARS VILL- KARIHOR P.OBAIRALI DIST.- KOKRAJHAR ASSAM PIN- 783350 6: ANITA BASUMATARY D/O LT. PATIK BASUMATARY AGED ABOUT 37 YEARS VILL- NO. 1 SHIKARBIL P.O- GOSSAINICHINA DIST.- KOKRAJHAR BTC ASSAM PIN783346 7: UNIT NARZARY S/O SAMBIT NARZARY AGED ABOUT 38 YEARS VILL- BAIRALI P.O- BAIRALI DIST.- KOKRAJHAR BTC ASSAM PIN783350 8: JIBITA NARZARY D/O BINOD NARZARY AGED ABOUT 37 YEARS VILL- BAIRALI P.O- BAIRALI DIST.- KOKRAJHAR BTC ASSAM PIN783350 9: BONIRASH NARZARY S/O BINOD NARZARY AGED ABOUT 37 YEARS VILL- DUMBAJHAR P.ORAIMONA DIST.- KOKRAJHAR BTC Page No.# 3/9 ASSAM PIN- 783350 10: PRANIT NARZARY S/O DWIJENDRALAL NARZARY AGED ABOUT 37 YEARS VILL- BAIRALI P.O- BAIRALI DIST.- KOKRAJHAR BTC ASSAM PIN- 783350 11: NIGITA BASUMATARY D/O SUBASH NARZARY AGED ABOUT 37 YEARS VILL- NO. 2 MALBHOG P.OKOCHUGAON DIST.- KOKRAJHAR BTC ASSAM PIN- 783350 12: DANSWRANG NARZARY S/OMANINDRA NARZARY AGED ABOUT37 YEARS VILL-WEST BISHMURI P.O-BISHMURI DISTKOKRAJHAR BTC ASSAM PIN-783370 13: SANIMA NARZARY D/O TAIGER NARZARY AGED ABOUT 37 YEARS VILL- EAST BHODRANPUR P.O- BISHMURI DIST.- KOKRAJHAR BTC ASSAM PIN-783370 14: USHA BASUMATARY D/OMANINDRA BASUMATARY AGED ABOUT- 38 YEARS VILL-WEST BISHMURI P.O-BISHMURI Page No.# 4/9 DISTKOKRAJHAR BTC ASSAM PIN783370 15: SURAJONI BORO D/O CHARAN BORO AGED ABOUT 37 YEARS VILL- JHARBARI P.JHARBARI DIST.- KOKRAJHAR ASSAM PIN-783346 16: BIPIN BASUMATARY S/O DWIJEN BASUMATARY AGED ABOUT 45 VILL-GONGARGAOFLONG P.OSERFANGURI DIST.- KOKRAJHAR BTC ASSAM PIN- 783346 17: REBIKA BARAHMA D/OTRISANKAR BRAHMA AGED ABOUT37 YEARS VILL-BORSHIJHORA P.DOTMA DIST-KOKRAJHAR BTC ASSAM PIN-783347 18: FWISALI BRAHMA S/O NERSWN BASUMATARY AGED ABOUT 37 YEARS VILLSHIKARBEEL P.O- GOSSAINICHINA DIST.- KOKRAJHAR BTC ASSAM PIN-783346 19: ANSULI BORO S/O JALESWAR BORO AGED ABOUT 37 YEARS VILL- GYANIPUR Page No.# 5/9 P.JHARBARI DIST.- KOKRAJHAR ASSAM PIN- 783346 20: RIMA BALA BRAHMA C/O DIPAK BORO AGED ABOUT 38 YEARS VILL- NO. 1 NARABARI .SERFANGURI DIST.- KOKRAJHAR BTC ASSAM PIN- 783346 21: JYOTIKA BRAHMA D/ORANJAY BASUMATARY AGED ABOUT- 39 YEARS VILLHABRUBARI DIST-KOKRAJHAR BTC ASSAM PIN-783370 22: AMAR BORO S/O TARANDRA NATH BORO AGED ABOUT 39 YEARS VILL- NO. 1 HABRUBARI P.O- HOGMABIL DIST.- KOKRAJHAR BTC ASSAM PIN- 783347 23: JEHERKEL MURMU S/O MATIASH MURMU AGED ABOUT 36 YEARS VILL- BAIRALI P.O- BAIRALI DIST.- KOKRAJHAR BTC ASSAM PIN-783350 24: KANCHAI BRAHMA S/O MATILAL BRAHMA Page No.# 6/9 AGED ABOUT 38 YEARS VILL- BAIRALI P.KOKRAJHAR DIST.- KOKRAJHAR BTC ASSAM PIN- 783370 25: ANGELUS NARZARY S/O DHIREN NARZARY AGED ABOUT 36 YEARS VILL- BALAJHAR P.OTUKRAJHAR DIST.- CHIRANG ASSAM PIN-78339 VERSUS THE STATE OF ASSAM AND 12 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI- 6. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST 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 Page No.# 7/9 PIN-783370 6:THE COUNCIL HEAD OF THE DEPARTMENTOF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 8:ADDL PRINCIPAL CHIEF CONSERVATOR OF FOREST CUMCOUNCIL HEAD OF THEDEPARTMENT FOREST BTC KOKRAJHAR ASSAM PIN-783370 9:THE DIVISIONAL FOREST OFFICER CHIRANG DIVISION KAJALGAON CHIRANG BTR ASSAM PIN-783385 10:THE DIVISIONAL FOREST OFFICER HALTUGAON DIVISION KOKRAJHAR KOKRAJHAR BTR ASSAM PIN-783350 11:FOREST RANGE OFFICER RUNIKHATA RANGE RUNIKH CHIRANG PIN-783375 12:FOREST RANGE OFFICER JHARBARI Page No.# 8/9 PIN-783346 13:FOREST RANGE OFFICER GOURANG RANGE BISHMURI PIN-78337 Advocate for the Petitioner : MR. A BORO, MS TOSHISENLA,MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, BTC,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 05.12.2025 Heard Mr. A. Boro, learned counsel for the petitioners. Also heard Mr. S. Bora, learned Standing Counsel, BTC. 2. The case of the petitioners is that due to shortage of manpower between the period of 2006-2007, they have been engaged as casual workers for protection of 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 entitiled 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 2006-2007. 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. S. Bora, learned standing Counsel, BTC on the other hand submits that the petitioners are Page No.# 9/9 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 Uprn Das (supra) is that all such Muster Roll Workers, Worked Charged 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 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 worker since 2006-2007 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 pays scale in terms of Upen Das (supra). Before granting them such benefit, the respondents will make necessary verifications 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