Page No.# 1/8 GAHC010234962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6156/2025 SAREN BASUMATARY AND ORS S/O- SIREN BASUMATARY. R/O- VILLAGE- THAKAMPUR FV, P.O- THAKAMPUR. FV, P.O.- THAKAMPUR, DIST- KOKRAJHAR BTR, ASSAM, PIN- 783350 2: MATILAL BRAHMA S/O- DILIP KR BRAHMA R/O- VILLAGE- PATAKATA P.O- PATAKATA DIST- KOKRAJHAR BTR ASSAM PIN -783360 3: SANJIB MUSHAHARY S/O BUDHIRAM MUSHAHARY VILLAGE- DEMDEMA P.O- KACHUGAON DIST-KOKRAJHAR BTR ASSAM PIN- 783350 4: PABITRA KR BRAHMA S/O SUBHASH BRAHMA VILLAGE -AOJHARGURI P.O.- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 5: SUDEM BRAHMA S/O- SRI MANDAL BRAHMA Page No.# 2/8 VILL- SUDEMPUR P.O- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 6: MAINYA NARZARY C/O CHAKRA NARZARY VILLAGE -MARUPARA P.O.- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN-783350 7: LAKHI KANTA GOYARY S/O- LT BISWAJIT GOYARY VILLAGE- DEMDEMA P.O- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 8: SEEMA BRAHMA C/O. LT PRADIP RAJA BRAHMA VILL- PATAKATA P.O- PATAKATA DIST- KOKRAJHAR BTR ASSAM PIN- 783350 9: BIRKWDAO BASUMATARY S/O LT BIMAL BASUMATARY VILLAGE- BELGURI P.O- GURUFELA DIST- KOKRAJHAR BTR ASSAM PIN- 783350 10: KENEDI BRAHMA S/O- BINEN BRAHMA VILLAGE -PATAKATA P.O- PATAKATA DIST- KOKRAJHAR BTR ASSAM Page No.# 3/8 PIN- 783350 11: JOYMA BASUMATARY S/O- LT DILIRAM BASUMATARY VILLAGE -MAINAGURI PO- GONGIA DIST- KOKRAJHAR BTR ASSAM PIN- 783350 12: SAHEN BASUMATARY S/O BAIRAD BASUMATARY VILLAGE- HATIGARH P.O- JALESWARI DIST- KOKRAJHAR BTR ASSAM PIN- 783350 13: REMBO NARZARY S/O.- RANJIT NARZARY VILLAGE- SUDEMPUR P.O- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 14: LAKSHMAN BASUMATARY S/O- NABIN BASUMATARY VILLAGE- KACHUGAON FV DIST- KOKRAJHAR BTR ASSAM PIN- 783350 15: PAMPA SWARGIARY W/O- KANESWAR BASUMATARY VILLAGE -THAKAMPUR P.O- THAKAMPUR DIST- KOKRAJHAR BTR ASSAM PIN- 783350 16: KWRWMDAO BRAHMA S/O- BUDEL BRAHMA VILLAGE- SUDEMPUR P.O- -KACHUGAON DIST- KOKRAJHAR BTR ASSAM Page No.# 4/8 PIN- 783350 17: PURNIMA GOYARY D/O- LT BISWAJIT GOYARY VILLAGE - SUDEMPUR P.O- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 18: SONARAM BASUMATARY S/O- SRI SUNIL BASUAMATARY VILLAGE- RAIKHUNBARI P.O- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 19: RAILANG BORO S/O- SRI BADRA BORO VILLAGE- NO 2 CHEKADANI P.O- BAIRALI DIST- KOKRAJHAR BTR ASSAM PIN- 783350 20: ISAHAK NARZARY S/O- LT SAJENDRA NARZARY VILLAGE- RAIKHUNBARI P.O- KACHUGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 21: SANJAY BORO S/O-MERGA BORO VILL-LAOKRIGURI P.O-GONGIA DIST-KOKRAJHAR BTC ASSAM PIN-78335 VERSUS THE STATE OF ASSAM AND ORS Page No.# 5/8 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 COUNCIL HEAD OF THE DEPARTMENT OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 6:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:ADDL PRINCIPAL CHIEF CONSERVATOR OF FOREST -CUM- COUNCIL HEAD OF THE DEPARTMENT FOREST BTC KOKRAJHAR ASSAM 8:THE DIVISIONAL FOREST OFFICER KACHUGAON DIVISION GOSSAOGAON DIST- KOKRAJHAR BTR ASSAM PIN- 783350 9:DIVISIONAL FOREST OFFICER WILDLIFE DIVISION KOKRAJHAR-783370 Page No.# 6/8 10:THE FOREST DEPORT OFFICER GOSSAIGAON DEPORT GOSSAIGAON KOKRAJHAR BTC ASSAM 11:THE FOREST RANGE OFFICER TRAMWAY RANGE KACHUGAON KOKRAJHAR BTC ASSAM PIN- 783350. 12:THE FOREST RANGE OFFICER CENTRAL RANGE KACHUGAON KOKRAJHAR BTC ASSAM PIN-783350. 13:FOREST RANGE OFFICER CHAKRASHILA WILDLIFE RANGE CHARAIKHOLA PIN-78337 Advocate for the Petitioner : MR. A BORO, MS N NEWME,MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, FINANCE,SC, BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.10.2025 Heard Mr. A. Boro, learned counsel for the petitioners. Also heard Ms. B. Bhuyan, learned Senior Standing Counsel, BTC and Mr. R. Borpujari, learned Standing Counsel, Finance Department. Page No.# 7/8 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 Ranges in the Kokrajhar District, BTC. Ever 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 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. Ms. B. Bhuyan, learned Senior Standing Counsel, BTC 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 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 Page No.# 8/8 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 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