Page No.# 1/12 GAHC010271732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7054/2025 SOREN DAIMARY S/O-UJITDAIMARY,VILL- BATABARI, P.O- JALAGAON,DIST.- BAKSA, BTC, ASSAM, PIN781373 2: UNURAM BASUMATARY S/O- GHANASHYAM BASUMATARY AGED ABOUT 42 YEARS VILL- AKHRA P.O- BETBARI DIST.- BAKSA BTC ASSAM PIN- 781327 3: . JAYANTA GOYARY S/O- LAODUM GOYARY AGED ABOUT-40 YEARS VILL-RABANGURI P.O- BETBARI DIST-BAKSA BTC ASSAM PIN-781327 Page No.# 2/12 4: PABITRA LAHARY S/O- BANIKANTA LAHARY AGED ABOUT 36 YEARS VILL- AKHRA P.O- BETBARI DIST.- BAKSA BTC ASSAM PIN- 781327 5: RABEN KUJUR S/O- LALU KUJUR AGED ABOUT 40 YEARS VILL- DANGRIGAON P.O- GOLAGAON DIST.- BAKSA BTC ASSAM PIN- 781327 6: ANIL KAWAR S/O- BHARAT KAWAR AGED ABOUT 47 YEARS VILL- DOOMNI P.O- DOOMNI DIST.- BAKSA BTC ASSAM PIN- 781327 7: GANGA GAYARY Page No.# 3/12 S/O- BHADRESWAR GAYARY AGED ABOUT 37 YEARS VILL- BORGAON P.O- BORMAJRA DIST.- BAKSA BTC ASSAM PIN- 781318 8: BIREN NARZARY S/O- LUKASH NARZARY AGED ABOUT 46 YEARS VILL- BONGAON P.O- GOLAGAON DIST.- BAKSA BTC ASSAM PIN- 781330 9: HEREMBA SWARGIARY S/O- JALESWAR SWARGIARY AGED ABOUT 47 YEARS VILL- GOLAGAON P.O- GOLAGAON DIST.- BAKSA BTC ASSAM PIN- 781327 10: DERHASAR BRAHMA S/O- MUNNA BRAHMA AGED ABOUT 37 Page No.# 4/12 YEARS VILL- DAODHARA P.O- KHAMARDWISA DIST.- BAKSA BTC ASSAM PIN- 781330 11: NERSWN KACHARY S/O- KANAK KACHARY AGED ABOUT 39 YEARS VILL- BHUMKIPAR P.O- KHAMARDWISA DIST.- BAKSA BTC ASSAM PIN- 781330 12: NELU KR. BASUMATARY S/O- TARUN BASUMATARY AGED ABOUT 42 YEARS VILL- KHAMARDWISA P.O- KHAMARDWISA DIST.- BAKSA BTC ASSAM PIN- 781330 13: SUKIL BASUMATARY S/O- SUREN BASUMATARY AGED ABOUT- 37 YEARS VILL-MAJRABARI P.O- Page No.# 5/12 BARMAJRA DIST-BAKSA BTC ASSAM PIN-781318 14: SANJIB BORO . S/O-LT. KARTIK BORO AGED ABOUT-37 YEARS VILL-MAINAOPUR P.O- RUPAHI DIST-BARPETA ASSAM PIN-781318 15: ANJALU RAMCHIARY S/O- BIROT RAMCHIARY AGED ABOUT- 37 YEARS VILL-KAREBARI P.O- RUPAHI DIST-BAKSA BTC ASSAM PIN-781318 16: SANJIB DAIMARY S/O- GANE DAIMARY AGED ABOUT 37 YEARS VILL- CHAITANGURI P.O- SONAPHULI DIST.- BAKSA PIN- 781318 Page No.# 6/12 17: BRAJEN BASUMATARY S/O- SRIKANTA BASUMATARY AGED ABOUT 48 YEARS VILL- SIMLA P.O- SIMLA DIST.- BAKSA BTC ASSAM PIN- 781330 18: PRADIP MUCHAHARY S/O- KHAGEN MUCHAHARY AGED ABOUT 36 YEARS VILL- DAODHARA P.O- KHAMARDWISA DIST.- BAKSA BTC ASSAM PIN- 781330 19: KUSHAL KHERKATARY S/O- SURENDRA KHERKATARY AGED ABOUT 45 YEARS VILL- KACHITARI P.O- SAUDARVITHA DIST.- BAKSA ASSAM PIN- 781318 20: BIBEKANANDA BASUMATARY S/O- GOPAL Page No.# 7/12 BASUMATARY AGED ABOUT 37 YEARS VILL- SIRISHBARI P.O- DHANBIL DIST.- BAKSA ASSAM PIN- 781343 21: NAISRANG BASUMATARY S/O- HARESWAR BASUMATARY AGED ABOUT 36 YEARS VILL- MAKRA PATKIGURI P.O- KALIAGAON DIST.- BAKSA ASSAM PIN- 781372 22: BIJITGWRA BASUMATARY S/O- THEKHRO BASUMATARY AGED ABOUT 36 YEARS VILL- NATUN BARGAON P.O- BATBARI DIST.- BAKSA ASSAM PIN- 781373 23: TARUN BORO S/O- BUDDHI BORO AGED ABOUT 36 YEARS VILL- BAGHMARA P.O- RUPAHI Page No.# 8/12 DIST.- BAKSA ASSAM PIN-781318 24: KAMLESWAR DAIMARY S/O -GOYARAM DAIMARY AGED ABOUT 37 YEARS VILL- SIRISHBARI P.O- DHANBIL DIST.- BAKSA ASSAM PIN-781343 25: JAYANTA GOYARY S/O- LAODUM GOYARY AGED ABOUT 38 YEARS VILL- RABANGURI P.O- BETBARI DIST.- BAKSA BTC ASSAM PIN- 781327 26: MWDAISHA BARGAYARY S/O-NARENDRA BASUMATARY AGED ABOUT- 38 YEARS VILL- BARBARI P.O-DHANBIL DIST- BAKSA BTC ASSAM PIN-781343 27: NANGGRABIR BASUMATARY Page No.# 9/12 S/O-DIPAK BASUMATARY AGED ABOUT-37 YEARS VILL-BARBARI P.O-DHANBIL DIST-BAKSA BTC ASSAM PIN-781343 VERSUS THE STATE OF ASSAM AND OTHERS REPRESENTED BY THECOMMISSIONER 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 PIN- Page No.# 10/12 783370 6:THE COUNCIL HEAD OF THE DEPARTMENT OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 8:ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM- COUNCIL HEAD OF THE DEPARTMENT FOREST BTC KOKRAJHAR ASSAM PIN-783370 9:THE CHIEF CONSERVATOR OF FOREST AND FIELD DIRECTOR MANAS TIGER RESERVE BARPETA ROAD ASSAM 10:FOREST RANGE OFFICER BHUYANPARA RANGE MANAS NATIONAL PARK BARPET Advocate for the Petitioner : MR. A BORO, MR H P GUWALA,MS TOSHISENLA Advocate for the Respondent : SC, FOREST, SC, FINANCE,SC. BTC Page No.# 11/12 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 10.12 .2025 Heard Mr. A. Boro, learned counsel for the petitioner. 2. The case of the petitioners is that due to shortage of manpower in the year 2007, they have been engaged as casual workers for protection of Manas National Park under Director, Manas Tiger Reserve. 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 entitled 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 as casual workers for protection of Manas National Park under Director, Manas Tiger Reserve since 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. Mrs. B. Bora, learned Standing Counsel, BTC appearing for the respondents Nos. 4, 5, 6 and 7 on the other hand submits that the petitioners are 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 Upen Das (supra) is that all such Muster Roll Workers, Worked Charge Page No.# 12/12 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 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 pay 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. Ms. A. Borthakur, learned Standing Counsel, Finance appears for the respondent No. 3. 7. This writ petition accordingly stands disposed of. JUDGE Comparing Assistant