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2025 DAILYLAW 8907 (GAU)

UTPAL PATHAK AND 7 ORS. v. THE STATE OF ASSAM AND 4 ORS.

WP(C)/1558/2019 · 2025-03-31

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010049682019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1558/2019 UTPAL PATHAK AND 7 ORS. S/O. SRI SURENDRA NATH PATHAK, R/O. HOUSE NO. 31, NEAR L.P. SCHOOL, PATARKUCHI, P.O. BASISTHA, GUWAHATI- 781039. 2: LOKNATH KALITA S/O LATE AMRIT CHANDRA KALITA R/O. HEALTH CAMPUS QUARTER NO. 226 HENGRABARI GUWAHATI DIST. KAMRUP(M). 3: BIRENDRA DEKA S/O. SRI TAPESWAR DEKA R/O DTE CAMPUS KAHILIPARA GUWAHATI-781019 DIST. KAMRUP(M). 4: TULAN DUTTA S/O LATE TILESHWAR DTTA R/O. MARGHERITA DIST. TINSUKIA ASSAM. 5: JITENDRA NATH SALOI S/O SRI UPENDRA NATH SALOI R/O. SERICULTURE CAMPUS KHANAPARA GUWAHATI- 781022. 6: HITESH BHUYAN S/O SRI ARABINDA BHUYAN R/O. METUAKUCHI Page No.# 2/4 P.O. BARPETA P.S. BARPETA DIST.- BARPETA. 7: NARESH CHANDRA DAS S/O. LATE UMESH CHANDRA DAS RESIDENT OF BIHURAM KACHARI PATH SAUKUCHI GUWAHATI- 781040 P.O. BASISTHA KAMRUP(M). 8: PRABAL DAS S/O SRI PRABIN DAS VILLAGE- KAZIPARA (BALIKURIA) DIST.- NALBARI ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM. 2:THE DEPARTMENT OF PERSONNEL (B) FINANCE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE GENERAL ADMINISTRATION DEPARTMENT REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 4:DEPARTMENT OF FINANCE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (PAY RESEARCH UNIT) DEPARTMENT DISPUR GUWAHATI-781006 Page No.# 3/4 Advocate for the Petitioner : MR. U K NAIR, MR. M P SARMA,MR. R SINGHA Advocate for the Respondent : GA, ASSAM, SC, GAD,SC, PERSONNEL DEPT.,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 01.04.2025 Heard Mr. R. Sinha, learned counsel appearing for the writ petitioners. Also heard Mr. P. Nayak, learned Additional Advocate General, Assam appearing along with Mr. T. C. Chutia, learned Addl. Sr. Govt. Advocate, Assam for all the respondents. 2. The writ petitioner No.1 herein is a member of the All Assam Heads of Department Ministerial Officers Association. As per the projections made by the learned counsel for the writ petitioner, he is presently serving as Senior Assistant in the Directorate of Employment and Craftsmen Training, Assam. It appears that vide order dated 11.09.2023 the names of the petitioner Nos.2 to 8 had been deleted from the record due to the reasons mentioned therein. Be that as it may, considering the nature of grievance expressed in the writ petition, this Court is of the view that limited relief in the form indicated herein below, can be granted to the petitioner. 3. The basic grievance of the petitioner is that there is no pay parity with his counter-part serving in the various departments in the Assam Secretariat. 4. Mr. Nayak, learned Additional Advocate General, Assam has pointed out that the grievance of the petitioner was placed before the Anomaly Committee but since the issue was not considered by the 6th and the 7th Pay Commission, hence, no action could be taken in the matter by the Anomaly Page No.# 4/4 Committee. However, he submits that if the petitioner or the Association submits a representation before the respondents, the same would be considered and if necessary, placed before the 8th Pay Commission, if a direction to that effect is issued by this Court. Mr. Sinha, learned counsel for the petitioners has agreed to the said proposition made by the learned Additional Advocate General, Assam. 5. In view of the above, without commenting on the merit of the claims and counter-claims of the parties, this petition is being disposed of by granting liberty to the petitioner No.1 and/or the All Assam Heads of Department Ministerial Officers Association, as the case may be, to ventilate his/their grievance by submitting a representation before the respondent No.1. If such a representation is submitted along with a certified copy of this order, within 8 (eight) weeks from today, the same be looked into and if necessary, placed before the upcoming 8th Pay Commission for consideration of the same in accordance with law. With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant