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2025 DAILYLAW 25800 (GAU)

RIAZUL HOQUE SHAH v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/3614/2025 · 2025-12-03

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010134942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3614/2025 RIAZUL HOQUE SHAH S/O KHALIL UDDIN SHAH, VILL- SAYEDBOND PART-I, P.O.- KALIBARI BAZAR, P.S.- ALGAPUR, DIST- HAILAKANDI, ASSAM, PIN-788150 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, ASSAM, GUWAHATI-6 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR GUWAHATI-37 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD HAILAKANDI DIST- HAILAKANDI Page No.# 2/3 ASSAM 6:THE SECRETARY KOIYA GAON PANCHAYAT P.O.- KOIYA T.E. DIST- HAILAKANDI ASSAM PIN-78816 Advocate for the Petitioner : MR F U BARBHUIYA, B BARMAN,MS S DAS Advocate for the Respondent : SC, P AND R.D., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 04.12.2025 Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Mr. A.K. Ghosh, learned counsel appearing on behalf of Mr. K. Konwar, learned Additional Advocate General for the P&RD. 2. By filing this writ petition, the petitioner has sought for a direction to pay minimum scale of pay in terms of the judgment passed in WA 45/2014 (State of Assam –vs- Upen Das & Ors). 3. The petitioner claims to be working as Tax Collector cum Road Moharar with fixed pay in the Office of Sayedbond Gaon Panchayat. 4. Relying on the judgment of this Court in the case of State of Assam –vs- Upen Das & Ors, reported in 2020 (5) GLT 605, the petitioner claims for payment of minimum scale of pay which has been granted to the muster roll worker, work charged workers and similarly placed employees working for more than 10 years. 5. Today, Mr. A.K. Ghosh, learned counsel by placing the communication dated 04.12.2025 from the Under Secretary to the Government of Assam, P&RD, submits that the Finance Department has approved the name of the petitioner amongst 840 nos. of casual workers for grant of minimum scale of pay, and the process for issuing necessary order by P & RD is being undertaken. 6. Having considered that the State has already approved for grant of minimum scale of pay to 840 number of casual workers including the petitioner, and the department is under process to issue the Page No.# 3/3 required order granting minimum scale of pay to the petitioner, I am of the considered view that no adjudication would be required in the matter and thus the writ petition needs to be closed. 7. Accordingly, the writ petition is closed and disposed of. 8. Needless to observe that the department shall appropriately complete the process of grant of minimum scale of pay to the petitioner as expeditiously as possible. 9. A copy of the communication dated 04.12.2025 is kept on record and marked as document “X”. JUDGE Comparing Assistant