TULSHI SAIKIA AND 4 ORS. v. THE STATE OF ASSAM AND 8 ORS.
WP(C)/811/2025 · 2026-03-29
Shamima Jahan
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 2924 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2924 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010030482025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/811/2025 TULSHI SAIKIA AND 4 ORS. S/O- LATE BRTHAI SAIKIA, R/O- JAPISAJIA, P.O. AND P.S. JAPISAJIA, DIST. LAKHIMPUR, ASSAM, PIN- 787031. 2: JAY CHANDRA PAMEHGAM S/O- LATE KASHINATH PAMEHGAM R/O- GHAGARMUKH PAMEHGAON P.O. GOROIMARI DIST. LAKHIMPUR ASSAM PIN- 787032. 3: BIDEAYSWAR DOLEY S/O- LATE KUKU DOLEY R/O- BORDUBI MALUWAL P.O. KUHIARBARI DIST. LAKHIMPUR ASSAM PIN- 787052. 4: ABDUL JALIL S/O- AYUB ALI R/O- SENSORE P.O. ANGERAKHOWA DIST. LAKHIMPUR ASSAM PIN- 787031. 5: MOHAN DEORI S/O- PADMESWAR DEORI R/O- VILL.- BARDEURI GAON DIST. LAKHIMPUR ASSAM PIN- 784164
Page No.# 2/4 VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIROMENT AND FOREST DEPARTMENT , DISPUR, ASSAM, GUWAHATI-6. 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR ASSAM GUWAHATI-6. 3:THE PRINCIPAL CHIEFCONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE ASSAM GUWAHATI-08. 4:CONSERVATOR OF FORESTS UPPER ASSAM SOCIAL FORESTRY CIRCLE NAGAON ASSAM 5:THE CHIEF CONSERVATOR OF FORESTS SOCIAL FORESTRY ASSAM BASISTHA GUWAHATI-29. 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 7:THE DIVISION FOREST OFFICER (SF) LAKHIMPUR DIVISION LAKHIMPUR ASSAM PIN- 787001. 8:THE RANGE FOREST OFFICER SOCIAL FORESTRY RANGE NORTH LAKHIMPUR PIN- 787001. 9:RANGE FOREST OFFICER JONAI S.F. RANGE
Page No.# 3/4 JONAI PIN- 787060 Advocate for the Petitioner : MR. A BORO, MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, FINANCE
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.03.2026 Heard Mr. A. Boro, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Standing counsel, Forest Department, Assam. 2. By this application, filed under Article 226 of the Constitution of India, the petitioner has alleged illegal action on the part of the respondent authorities in not providing the benefit of minimum pay scale to the petitioner who have been continuously serving under the Forest Department for the last 35 to 38 years. 3. The petitioners have also raised that the respondent authorities have not followed the directions given by the Apex Court in State of Punjab –Vs- Jagjit Singh and Ors., reported in (2017) 1 SCC 148. 4.
In consonance with the above decision, this Court, by order and judgment dated 08/06/2017, passed in W.A. No. 45/2014, have directed the State Government to pay minimum of the pay scale to the Master Roll Workers, Work Charged Workers and similarly placed employees working since more than 10 years. Petitioners are stated to be the casual workers whose services were not regularized by the authority concerned. However, their services were utilized for many years, and as such, the direction to State Government is made to pay the minimum scale of pay. Page No.# 4/4
5. As such, this Court is also of the view that the casual workers who are otherwise not entitled for regularisation of their services should be paid the minimum scale pay as required under the law. 6. In view of the above, the present case projected by the writ petitioners is accordingly covered by the judgment and order dated 08/06/2017, as mentioned above. Further, any benefits that the writ petitioners are entitled to in terms of the said judgment will, however, be subjected to proper verification and scrutiny of the documents by the respondent authorities. 7. Writ petition is accordingly disposed of. Furthermore, the said exercise may be initiated and concluded within a period of 3 (three) months from the date of receipt of the order. JUDGE Comparing Assistant