Rupen Biswa S/o-Lt. Kalu Biswa v. State of Assam Represented By The Commissioner And Secretary, Environment And Forest Department
2026-03-20
Soumitra Saikia
body2026
DailyLaw.ai
ORDER : SOUMITRA SAIKIA, J. Heard Mr. A. Boro, learned counsel for the petitioner petitioners. Also heard Ms. N. Choudhury, learned Standing Counsel, BTC. 2. Having regard to the nature of the case projected by the petitioners, the writ petition is taken up for disposal with the consent of the parties. 3. It is the case of the petitioner that due to shortages of manpower between the period of 2006-2007, they have been engaged as casual workers for protection of reserve forest and its forest resources under Chirang Division, Kajalgaon in the Forest Department, BTC. Even since their engagement, they have been working as such till date but have been paid only a meager sum of fixed wages. It is the case of the petitioners that they are entitled to get the benefit of minimum pay scale in terms of the decision render by a Division Bench of this Court in State of Assam Vs Shri. Upen Das reported in 2020 (5) GLT 605. 4. The learned counsel for the petitioners submits that since there is no dispute, a direction may be issued to the respondent authorities to pay the petitioner a minimum scale of pay in terms of Upen Das (supra). 5. Ms. N. Choudhury, learned Standing Counsel, BTC on the other hand submits that the petitioners are only engaged on casual basis and since it is not a substantive appointment, there is no question of granting them the pay scale as claimed by them. It may however, be seen that the direction of a Division Bench of this Court in Upen Das (supra) all such Muster Roll Workers, Worked Charge Workers and similarly placed employees working since the last more than 10 years and not in a sanctioned post should be granted the minimum of pay scale w.e.f. 01.08.2017. Admittedly, the petitioners in the present case are not working against a sanctioned post but are engaged as casual workers since 2006-2007 which has not been disputed by the respondents. 6. Considering the same, the respondent authorities are directed to grant the petitioners the benefit of minimum pay scale in terms of Upen Das (supra). Before granting them such benefit, the respondents will be at liberty to make necessary verifications as may be required.
6. Considering the same, the respondent authorities are directed to grant the petitioners the benefit of minimum pay scale in terms of Upen Das (supra). Before granting them such benefit, the respondents will be at liberty to make necessary verifications as may be required. The petitioners be afforded the minimum pay scale as directed above as expeditiously as possible and preferably within a period of 3 (three) months from the date of receipt of a certified copy of this order. 7. Writ petition accordingly stands disposed of.