Page No.# 1/5 GAHC010278452025 2025:GAU-AS:17463 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7303/2025 SRI MANIN BASUMATARY AND ORS S/O -UMESH BASUMATARY, R/O- VILLAGE- THURIBARI, P.O.-CHORAIKOLA, DISTRICT- KOKRAJHAR, BTC, ASSAM. 2: SRI HIMU HAJOWARY D/O- MANGAL HAJOWARY. R/O-VILL.- EAST SONAPUR P.O.- PATGAON DIST.- KOKRAJHAR BTC ASSAM. 3: SMT. KABITA NARZARY R/O- VILL.- TILPARA P.O.- DALIGAON DIST.- KOKRAJHAR BTC ASSAM. 4: SRI RAJENDRA BRAHMA R/O- VILL.- KANGKRAIBARI P.O.- TIPKAI DIST.- KOKRAJHAR ASSAM. 5: JANMANJAY BASUMATARY S/O- PRATAP CHANDRA BASUMATARY. R/O- VILL.- JANAGAON P.O.- TITAGURI DIST.- KOKRAJHAR BTC ASSAM. Page No.# 2/5 6: SRI MWKHTANG BASUMATARY S/O- LATE GUNIRAM BASUMATARY R/O- VILL.- TURIBARI P.O.- CHORAIK DIST.- KOKRAJHAR BTC ASSAM. 7: SRI APPEAL B. MARAK. S/O- PORENDRA M. SANGMA. R/O- VILL.- HARIGHOLA P.O.- SILGARA DIST.- KOKRAJHAR BTC ASSAM. 8: SRI DAITHUN DAIMARY S/O- SRI PRADIP DAIMARY. R/O- VILL.- BAKSHAMARA P.O.- NAYEGAON DIST.- KOKRAJHAR BTC ASSAM 9: SMTI. JAMUNA BORO D/O- CHABIRAM BORO. R/O- VILL.- NO.1 HIRAPARA P.O.- RAIMADABRI DIST.- KOKRAJHAR BTC ASSAM. 10: SRI JANAK TUDU S/O- LATE DHANARAM TUDU. R/O- VILL.- PANBARI P.O.- BISHMURI DIST.- KOKRAJHAR BTC ASSA VERSUS THE STATE OF ASSAM REPRSENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006. Page No.# 3/5 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM REHABARI GUWAHATI-8. 4:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY BODOFA NWGWR KOKRAJHAR BTC ASSAM PIN - 783370. 5:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM COUNCIL HEAD OF THE DEPARTMENT OF FOREST BTC KOKRAJHAR ASSAM PIN - 783370. 6:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM PIN - 783370. 7:THE BEAT OFFICER SOCIAL FORESTRY BEAT KOKRAJHAR. 8:THE FOREST RANGE OFFICER CHAKRASILA WILDLIFE RANGE UNDER WILDLIFE DIVISION KOKRAJHAR BTC ASSA Advocate for the Petitioner : MR. R MAJUMDAR, MRS. A BASUMATARY,MR R DHAR Advocate for the Respondent : SC, FOREST, SC, FINANCE,SC, BTC Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.12.2025 Heard Mr. R. Dhar, learned counsel for the petitioners. Also heard Mr. B. C. Muchahary, learned Standing Counsel, BTC and Mr. I. Borthakur, learned Standing Counsel, Forest Department. 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 in the Forest Department in the different divisions of 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 of 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. Mr. B. C. Muchahary, learned 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 Page No.# 5/5 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 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