Page No.# 1/6 GAHC040007302023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/262/2023 Biki Tassing and 3 Ors. S/o Lt. Biki Bai, SWP, 1st IRBN, BHQ, Chimpu, Itanagar. 2: Bamang Tagung Age: Occupation : S/o Lt. Bamang Tari Water Carrier 1st BN BHQ Chimpu Itanagar. 3: Heri Tao Age: Occupation : S/o Lt. Heri Tachak Water Carrier 1st AAPBN BHQ Chimpu Itanagar. 4: Taw Garam Age: Occupation : S/o Lt. Tabu Garam Cook 1st IRBN BHQ Chimpu (M. No 8131807450 VERSUS Page No.# 2/6 THE STATE OF AP and Anr. Through the Commissioner/Secretary, Department of Home, Govt. of Arunachal Pradesh, Itanagar. 2:the Director General of Police Age: 0 Occupation : Govt. of Arunachal Pradesh PHQ Itanagar Arunachal Pradesh Advocate for the Petitioner : Tony Pertin, H K Jamoh,Mingkong Pertin,T Mize Advocate for the Respondent : GA (AP), Linked Case : WP(C)/11/2023 Bamang Tagung and 2 Ors. Age: 50 Occupation : Address:Water Carrier 1st BN BHQ Chimpu Itanagar. 2: Heri Talo Age: 46 Occupation : Address:Water Carrier 1st AAPBN BHQ Chimpu Itanagar. 3: Taw Garam Age: 50 Occupation : Address:Cook 1st IRBN. BHQ Chimpu M 8131807450 VERSUS THE STATE OF AP and Anr. Page No.# 3/6 Age: 0 Occupation : Address:Through the Commissioner Department of Home Govt. of Arunachal Pradesh Itanagar. 2:The Director General of Police Age: 0 Occupation : Address:Govt. of Arunachal Pradesh PHQ Itanagar Arunachal Pradesh. ------------ Advocate for : Tony Pertin Advocate for : GA (AP) appearing for THE STATE OF AP and Anr.: Advocate , appearing for 2, respectively. Linked Case : WP(C)/328/2022 Taw Garam and 2 Ors. Age: 45 Occupation : Address:Cook 1st IRBN BHQ Chimpu Itanagar (AP) 2: Heri Talo Age: 45 Occupation : Address:W/c 1st AAPBN BHQ Chimpu Itanagar 3: Biki Tassing Age: 45 Occupation : Address:SWP 1st IRBN BHQ Chimpu Itanagar Mobile 8131807450 Page No.# 4/6 VERSUS THE STATE OF AP and 3 Ors. Age: 0 Occupation : Address:Through the Chief Secretary Govt. of Arunachal Pradesh Itanagar. 2:The Commissioner Age: 0 Occupation : Address:Department of Home Govt. of Arunachal Pradesh Itanagar. 3:The Commissioner Age: 0 Occupation : Address:Department of Finance Govt. of Arunachal Pradesh Itanagar. 4:The Director General of Police Age: 0 Occupation : Address:Govt. of Arunachal Pradesh PHQ Itanagar Arunachal Pradesh. ------------ Advocate for : Tony Pertin Advocate for : GA (AP) appearing for THE STATE OF AP and 3 Ors.: Advocate , , , appearing for 2, 3, 4, respectively. -BEFORE- HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 27.02.2025 Page No.# 5/6 Heard Mr. T. Pertin, learned counsel for the petitioners and also heard Mr. S. Tapin, learned Senior Govt. Advocate for the State. 2. The present batch of writ petitions are filed assailing decision of the State to not provide 13 (thirteen) months salary to the petitioners who are Muti Tasking Staff (for short, ‘MTS’) employees under the Police Department. 3. In addition, to the aforesaid prayers, the petitioners have also raised a claim that their services are being utilised beyond 8 (eight) hours and without any assigned duties and thus, they are being exploited and at the same time, they are not being given any extra remuneration for their over- time duty inasmuch as they are working on Holidays including Saturday and Sunday. The learned counsel for the petitioners further contends that the petitioners are not being paid for working beyond their duty hours inasmuch, their duty hours is not yet been fixed and therefore, a prayer has been made in these batch of writ petitions to direct the respondents not to utilise the services of the petitioners beyond 8 (eight) hours and to frame clear cut recruitment Rules and Guidelines to regulate the service condition, Charter and nature of duty of the MTS. 4. The learned counsel for the State, on the other hand, by referring to the decision in WP (C) 85 (AP) 2020 (Phassang Chachok and Others-vs- State of Arunachal Pradesh and Others) submits that it has already been settled that the MTS are not entitled for 13 (Thirteen) months salary and therefore, the present writ petitions are liable to be dismissed. 5. Perused the aforesaid Judgment. 6. It is true that the it had already been decided that a Writ Court Page No.# 6/6 cannot issue a direction to make 13 (thirteen) months salary to the MTS employees. Therefore, as regards the claim of 13 (thirteen) months salary shall be covered by the decision made in Phassang Chachok (Supra). However, in these writ petitions additional prayer are made as recorded hereinabove. This Court had also observed that though additional prayers are made but such prayers is not supported by any specific and detail pleadings, as regards the duty hours and framing of Recruitment Rules, Charter of duties etc. 7. At this stage, the learned counsel for the petitioners submits that he may be permitted to withdraw these batch of writ petitions and to file a fresh writ petition raising its grievances towards utilisation of the petitioners services beyond 8(eight) hours, forcing them to work beyond work hours and not paying the duty hours and not framing the charter of duty and nature of duty etc. Such prayers is not being opposed by the State. Accordingly, these writ petitions stands closed with a liberty to file a fresh writ petition raising the aforesaid grievances, excluding the prayer for grant of 13 (thirteen) months salary. JUDGE Comparing Assistant