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2025 DAILYLAW 25858 (GAU)

KHAGENDRA SAIKIA v. THE STATE OF ASSAM AND 6 ORS

WP(C)/4135/2014 · 2025-11-19

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010013802014 2025:GAU-AS:15799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4135/2014 KHAGENDRA SAIKIA LT. JAGAT SAIKIA, VILL. NIRACHUBA, P.O. PATHARIGHAT, P.S. SIPAJHAR, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, PANCHAYAT and RURAL DEVELOPMENT DEPTT., DISPUR, GHY-6 2:THE COMMISSIONER PANCHAYAT and RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GHY-37 3:THE DIRECTOR PANCHAYAT and RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GHY-37 4:THE JT. DIRECTOR O/O THE COMMISSIONER PANCHAYAT and RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GHY-37 5:THE DIRECTOR FINANCE ECONOMIC AFFAIRS DEPTT. DISPUR Page No.# 2/4 GHY-6 6:THE DARRANG ZILLA PARISHAD MANGALDAI REP. BY THE PRESIDENT DARRANG ZILLA PARISHAD MANGALDAI ASSAM PIN-784125 7:THE CHIEF EXECUTIVE OFFICER DARRANG ZILLA PARISHAD MANGALDAI ASSAM PIN-78412 Advocate for the Petitioner : MR.R ISLAM, MR.A CHETRY,MR.U K NAIR,MS.A HUSSAIN Advocate for the Respondent : MR. M NATH (SC, PANCHAYAT & RURAL DEV. DEPT.), GA, ASSAM,MR.B CHETRI,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 20-11-2025 Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Additional Advocate General for the State respondents and Mr. A. Chaliha, learned Standing Counsel for the Finance Department. 2. The present petition is instituted by the petitioner seeking fixed monthly wages payable to the Casual Workers of the Panchayat & Rural Development Department (P&RD), in terms of the communication dated 25.01.2012 issued by the Joint Secretary to the Government of Assam, P&RD Department. The said communication provides that Casual Workers engaged in different Zilla Parishads, Anchalik Panchayats and Gaon Panchayats prior to 01.04.1993, and those engaged after 01.04.1993 up to 31.03.2006, would be paid a fixed salary Page No.# 3/4 of Rs. 4,500/- (Rupees Four Thousand Five Hundred only) per month. The petitioner claims that he was appointed as a Casual Worker (Chowkidar) at Darrang Zilla Parishad on 01.09.2005 and therefore he is entitled to the fixed salary as per the communication dated 25.01.2012. 3. Mr. K. Konwar, learned Additional Advocate General appearing for the State respondents, while placing the copy of the instructions/communication dated 06.11.2025, submits that the Chief Executive Officers of the Zilla Parishads were requested to furnish detailed information regarding genuine Pre- AFRBM and High Court cases related to casual employees, as per the format prescribed by the Finance Department. Accordingly, the CEO, Darrang Zilla Parishad, vide letter dated 15.10.2025, forwarded the required information regarding Pre-AFRBM and Post-AFRBM casual employees in respect of 9 (nine) casual workers, including the petitioner herein. He submits that verification and scrutiny of the proposals received from the District are underway, and some proposals from other Districts are yet to be received. Once the process is completed, the proposals shall be sent to the Government for further consideration. 4. Having considered that the claim of the petitioner along with other similarly situated persons for the grant of fixed wages in terms of the relevant Government policy is underway and as agreed to by the learned counsel for the parties, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to consider the case of the petitioner, along with other similarly situated casual workers, in terms of the relevant Government policy for providing fixed wages within a stipulated period of time. 5. Accordingly, this writ petition is disposed of with a direction to the respondent authorities to consider the grievance of the petitioner along with other similarly situated persons in terms of the relevant Government policy for Page No.# 4/4 providing fixed wages to the casual workers, within a period of 4 (four) months from today. 6. Writ petition stands disposed of. JUDGE Comparing Assistant