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2025 DAILYLAW 5745 (GAU)

GOBIN BORA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/303/2025 · 2025-02-23

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010007132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/303/2025 GOBIN BORA S/O- SRI PURNA BORA, VILL. HOLLOW GAON, P.O.- KHONGIA, P.S.- DERGAON, DIST.- GOLAGHAT, ASSAM, PIN- 785614, ASSAM, WORKING AS TYPIST-CUM-COMPUTER ASSISTANT IN THE OFFICE OF DIVISIONAL OFFICER, SOIL CONSERVATION DEPARTMENT, GOLAGHAT. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOIL CONSERVATION DEPARTMENT, DISPUR, GUWAHATI- 6, DISTRICT- KAMRUP(M), ASSAM. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM SOIL CONSERVATION DEPARTMENT DISPUR GUWAHATI-6 DIST.- KAMRUP(M) ASSAM. 3:THE DIRECTOR OF SOIL CONSERVATION ASSAM BHUMI SANGRAKHAN BHAWAN R.G. BARUAH ROAD GUWAHATI-5 Page No.# 2/3 DIST.- KAMRUP(M) ASSAM. 4:THE DIVISIONAL OFFICER GOLAGHAT SOIL CONSERVATION DIVISION GOLAGHAT DIST.- GOLAGHAT ASSAM. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 DISTRICT- KAMRUP(M) ASSAM Advocate for the Petitioner : MS. N S THAKURIA, MS D ANGANA,MR. P TALUKDAR Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT., SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 24/02/2025 Heard Ms. N.S. Thakuria, learned counsel for the writ petitioner. Also heard Mr. S.R. Rabha, learned Standing Counsel, Soil Conservation Department, Government of Assam, appearing for the respondent nos. 1 to 4 and Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam, appearing for the respondent no. 5. The writ petitioner herein was engaged as a Casual Worker in the office of the Divisional Officer, Soil Conservation Department, Golaghat on 01/08/2002 and since then, he has been rendering his services continuously. According to the petitioner, as per the decision of this Court in State of Assam Vs. Upen Das reported in 2020 (5) GLT 605, the minimum wage payable to a casual worker is Rs. 15,900/- and the Government is also implementing the minimum pay scale across the board for all similarly situated casual workers. Notwithstanding the same, the petitioner is continuing to get the sum of Rs. 6240/- instead of Rs. 15,900/-. Hence, this writ petition. Taking note of the grievance expressed by the petitioner, the departmental counsel was asked to obtain instruction. Page No.# 3/3 Today, when the matter is called up, Mr. S.R. Rabha, learned Standing Counsel, Soil Conservation Department, Assam, has produced a communication dated 20/02/2025, issued by the Director of Soil Conservation, Government of Assam, which goes to show that the claim of the petitioner is covered by the decision of this Court rendered in the case of Upen Das (Supra). Consequently, it is clear that the petition is also entitled to receive a sum of Rs. 15,900/- as minimum wages with effect from the date when the decision rendered in the case of Upen Das (Supra) was implemented by the State with regard to the other similarly situated casual workers. The learned departmental counsel appearing for the respondents have also fairly submitted that the writ petition can be disposed of by issuing a direction upon the respondents to extend the benefit of minimum pay scale as per Upen Das (Supra) along with arrear amount, if any, payable to the petitioner. In view of the above and with the consent of the learned counsel for both the sides, this writ petition is hereby disposed of by directing that the benefit of minimum of pay scale as applicable under the decision in Upen Das (Supra) shall be extended to the petitioner by giving effect to the same from the date on which, other similarly situated casual employees of the Government of Assam had received such benefits. The arrear amount, if any, shall be computed and paid to the petitioner along with the principal amount of minimum of pay scale within 60 (sixty) days from the date of receipt of a certified copy of this order. With the above observation, the writ petition stands disposed of. Copy of the communication dated 20/02/2025 be retained in the record of this case. JUDGE Comparing Assistant