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2025 DAILYLAW 5504 (GAU)

PRADIP DAS AND 31 ORS. v. THE STATE OF ASSAM AND 6 ORS

WP(C)/681/2025 · 2025-02-11

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010004052025 2025:GAU-AS:1427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/681/2025 PRADIP DAS AND 31 ORS. SON OF KHARGESWAR DAS RESIDENT OF VILLAGE BARGHULI P.O. KAUIRBAHA, P.S. TAMULPUR, DISTRICT -BAKSA (ASSAM). 2: ANJAN BASUMATARY SON OF JABLA BASUMATARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 3: BHANUMATI NARZARY SON OF LAWGA NARZARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 4: JANGILA NARZARY SON OF RAJAT NARZARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 5: GANESH BARO SON OF MAHENDRA BARO RESIDENT OF VILLAGE SONMAHARI P.O. GURMOW P.S. GORESWAR DISTRICT - BAKSA (ASSAM). Page No.# 2/8 6: TAPAN NARZARY SON OF BELLA NARZARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 7: BHABAJIT NARZARY SON OF MANORANJAN NARZARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 8: BRIHARANJAN NARZARY SON OF RAJAT NARZARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 9: KHAGEN NARZARY SON OF JONA RAM NARZARY RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 10: LAKHYAN BORO SON OF MANI RAM BORO RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 11: SAMAL BORO SON OF THANESWAR BORO RESIDENT OF VILLAGE BAGARIBARI P.O. DHEPARGAON P.S. TAMULPUR DISTRICT - BAKSA (ASSAM). 12: RUMIJA BEGUM DAUGHTER OF HAMID ALI RESIDENT OF VILLAGE KHANDIKAR P.O. DEULKUCHI P.S. RANGIA Page No.# 3/8 DISTRICT - KAMRUP (ASSAM). 13: RAFIK ALI SON OF HAMID ALI RESIDENT OF VILLAGE KHANDIKAR P.O. DEULKUCHI P.S. RANGIA DISTRICT - KAMRUP (ASSAM). 14: EYASIN ALI SON OF HAMID ALI RESIDENT OF VILLAGE KHANDIKAR P.O. DEULKUCHI P.S. RANGIA DISTRICT - KAMRUP (ASSAM). 15: DEBEN BORO SON OF GOPIRAM BORO RESIDENT OF M.B. ROAD PANERI P.S. PANERI DISTRICT - UDALGURI (ASSAM). 16: RANJIT NARZARY SON OF GHANA KANTA NARZARY RESIDENT OF VILLAGE GURMOW P.O. GURMOW P.S. GORESWAR DISTRICT - BAKSA (ASSAM). 17: RABEN DEKA SON OF RATI KANTA DEKA RESIDENT OF VILLAGE RAMPUR P.O. BEDNA P.S. GORESWAR DISTRICT - BAKSA (ASSAM). 18: USMAN ALI SON OF MAMTAJ ALI RESIDENT OF VILLAGE DEULKUCHI P.O. DHULABARI DISTRICT - KAMRUP (ASSAM). PIN - 781354 19: ANSUMA NARZARY SON OF GHANAKANTA NARZARY RESIDENT OF VILLAGE GURMOW P.O. GURMOW P.S. GORESWAR Page No.# 4/8 DISTRICT - BAKSA (ASSAM). 20: BIRKHANG BASUMATARY SON OF THANESWAR BASUMATARY RESIDENT OF VILLAGE GURMOW P.O. GURMOW P.S. GORESWAR DISTRICT - BAKSA (ASSAM). 21: FULSON BASUMATARY SON OF CHARAN BASUMATARY RESIDENT OF VILLAGE GURMOW P.O. GURMOW P.S. GORESWAR DIST. BAKSA ASSAM PIN- 781366. 22: GANESH CHANDRA BARO SON OF MOHAN CHANDRA BORO RESIDENT OF VILLAGE NO. 9 GORESWAR P.S. GORESWAR DISTRICT - BAKSA ASSAM. 23: MD. MAYNUL HAQUE SON OF MD. ASHAR UDDIN RESIDENT OF DHULABARI DEULKUCHI P.O.DEULKUCHI DISTRICT - KAMRUP ASSAM - 781354 24: RAMEN BASUMATARY SON OF MAHIT BARO RESIDENT OF RHOLAKUCHI P.S. TAMULPUR DISTRICT - BAKSA ASSAM 25: RAHIM ALI SON OF FARAJ ALI RESIDENT OF UTTAR BORDOL P.S. BORDOL DISTRICT - KAMRUP ASSAM 26: MD. HABIBAR RAHMAN SON OF MD. FARMAN ALI Page No.# 5/8 RESIDENT OF DHULABARI P.S. DEULKUCHI DISTRICT - BAKSA(BTAD) ASSAM 27: SONTARA BEGUM WIFE OF RAHIM ALI RESIDENT OF UTTAR BORDOL P.S. BORDOL DISTRICT - KAMRUP ASSAM 28: MD. SABER ALI SON OF LATE GOLDER ALI RESIDENT OF DHULABARI P.S. JAMOLPUR DISTRICT - BAKSA(BTAD) ASSAM 29: MD. NUJURUDDIN AHMED SON OF TAIJUDDIN AHMED RESIDENT OF KALIPUR P.O. KUMARIKATA P.S. TAMULPUR DISTRICT - BAKSA(BTAD) ASSAM PIN - 781360 30: BANAJITA SAIKIA DAUGHTER OF LANGKESWAR SAIKIA RESIDENT OF VILLAGE NO. 3 GORESWAR P.O. GORESWAR P.S. GORESWAR DISTRICT - KAMRUP ASSAM 31: ABDUR RAZZAQ CHOUDHURY SON OF ABDUL JAFAR CHOUDHURY RESIDENT OF VILLAGE SEPAKUCHI P.S. BAIHATA CHARIALI DISTRICT - KAMRUP ASSAM. PIN - 781366 32: JITEN BARO SON OF MOHAN CHANDRA BORO RESIDENT OF BAGHDOBA (NARAMARI) P.S. GORESWAR DISTRICT-BAKSA ASSAM Page No.# 6/8 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE ASSAM ARANYA BHABAN PANJABARI GUWAHATI- 781037. 5:THE COUNCIL HEAD OF DEPARTMENT AND ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 6:THE DIVISIONAL FORESTS OFFICER MANGALDAI DIVISION MANGALDAI PIN - 784125 7:THE DIVISIONAL FORESTS OFFICER MUSHALPUR DIVISION MUSHALPUR DISTRICT - BAKSA (UNDER BODOLAND TERRITORIAL COUNCIL) Advocate for the Petitioner : MR. J SARMAH, MR. A BHATTACHARJEE,MR. A BHATTACHARJEE Advocate for the Respondent : SC, FOREST, SC, BTC,SC, FINANCE Page No.# 7/8 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 12-02-2025 Heard Mr. A Bhattacharjee, learned counsel for the petitioners. Also heard Mr. I Borthakur, learned Standing Counsel, Forest Department, Mr. P Nayak, learned Standing Counsel, Finance Department as well as Mr. RK Musahary, learned Standing Counsel, BTC. [2.] Having regard to the nature of the grievance projected by the petitioners, the writ petition is taken up for disposal at the motion stage itself with the consent of the parties. [3.] It is the case of the petitioners that they have been engaged either as Casual Workers or Work Charged Workers in various Divisions of the Forest Department. Having served for more than 10 (ten) years, they are eligible to be considered for being paid the minimum pay scale in terms of the judgment and order dated 08.06.2017, passed by the Division Bench of this Court in WA No. 45/2014 (State of Assam & Anr. Vs. Upen Das & Ors.). [4.] Having regard to the directions passed by the Division Bench, the entitlement of the petitioners will have to be examined and scrutinised by the respondent authorities in terms of their respective service conditions and appointments and therefore, instead of keeping the matter pending before this Court, this Court considers it appropriate to direct the petitioners to submit their individual representations with all the required particulars, including their engagement/appointment orders before the Principal Chief Conservator of Forest (respondent No. 4) within a period of 3 (three) weeks from today. [5.] The respondent No. 4 on receipt of the same shall examine or cause Page No.# 8/8 the examination of the particulars of each of the writ petitioners and in the event they are found to be entitled of the minimum pay scale in terms of paragraph 22 of the judgment rendered by the Division Bench in Upen Das & Ors. (supra), consequential steps be taken and the pay as entitled to each of the petitioners. [6.] Such exercise should be carried out within a period of 6 (six) weeks from the date of receipt of the representations by the petitioners. It is also provided herein that each of the petitioners shall specifically state where they have been appointed and under which Division they are working, so as to facilitate early disposal of their representations. [7.] With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant