Page No.# 1/3 GAHC010194192024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4981/2024 KANAI LAL CHAKRABORTY S/O- LATE BARINDRA CHAKRABORTY, RESIDENT OF LUMDING TOWN, PO- LUMDING, WARD NO-2, DIST- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM (P.W.D. DEPARTMENT), DISPUR, GUWAHATI-6, ASSAM 2:THE CHIEF ENGINEER PWD ( R AND B) CHANDMARI GUWAHATI ASSAM 3:THE EXECUTIVE ENGINEER P.W.D. (R AND B) MAIBANG DIVISION DIST. DIMA HASAO MAIBANG ASSAM 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET) DEPARTMENT 5:THE PRINCIPAL SECRETARY NCHAC HALFLONG DIST. DIMA HASAO ASSA Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : SC, PWD, MR. R BORPUJARI (SC, FINANCE) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.11.2025 Heard Mr. F.Z Mazumdar, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Addl. Senior Government Advocate appearing for the respondents No. 1, 2 & 3 and Mr A Chaliha, learned Standing Counsel, Finance Department. The claim of the writ petitioner in the present writ petition that he is entitled to arrear salary from the period 01.08.2017 to 30.11.2018 for rendering his service as a Muster Roll Labour in the PWD department. This claim is made by the petitioner in view of the Judgment and order dated 08.06.2017 passed in W.A No. 45/2014 [State of Assam Vs. Upen Das & Ors] whereby Muster Roll Workers were held to be eligible for grant of minimum of scale of pay. It is the claim of the petitioner that for the period 01.08.2017 to 30.11.2018 as per the Notification issued dated 03.10.2019 by the Finance Department, his claim has not been considered and released. Mr. A Chaliha, learned Standing Counsel, Finance on the other hand submits that the PWD Department had earlier submitted a proposal which included the name of the petitioner and the same was submitted in the Financial year 2022- 2023. Since the period had already expired, if a fresh proposal is put up by the administrative department then the Finance Department will undertake steps necessary for consideration and passing an appropriate orders thereon. Mr. R Dhar, learned Addl. Sr. Government Advocate appearing for the PWD Department submits that the Department can submit a fresh proposal after due verification and within a period of 45 days from the date of receipt of certified copy Page No.# 3/3 of this order and thereupon the Finance Department will pass appropriate orders for release of arrear pay of the writ petitioner subject to the claim being found to be correct. The learned counsel for the petitioner does not object to the prayer made. Accordingly, taking into consideration the submissions made, the writ petition stands closed with a direction to the PWD Department, more particularly respondent No. 1, to ensure that the proposal containing the writ petitioner’s name is submitted to the Finance Department after due verification, as expeditiously as possible and within an outer limit of 45 days from the date of receipt of a certified copy of this order placed before respondent No. 1 by the writ petitioner. Thereafter, the Finance Department, being respondent No. 4, shall take all necessary steps to issue appropriate orders sanctioning the proposal by placing it before the competent authority for budget proposal before the end of the Financial Year 2025–26 Subsequent steps shall be taken for release of the amount found due to the petitioner The writ petition accordingly stands disposed of. JUDGE Comparing Assistant