Page No.# 1/8 GAHC010050682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1470/2026 HITUN NARZARY AND 18 ORS S/O LATE RATAN NARZARY, VILL. LOTAMARI , P.O. JOLESWARI, DIST. KOKRAJHAR, BTC, ASSAM, PIN 783350 2: DHONONJAY BASUMATARY S/O SOCHIN BASUMATARY VILL.MOTHAMBIL P.O. RAIMONA DIST. KOKRAJHAR PIN 793350 3: AMIT NARZARY S/O MOHICHAR NARZARY VILL. DUMBAZAR P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 4: UDAY BASUMATARY S/O BIREN BASUMATARY VILL. MOTHAMBIL P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 5: MILANA BASUMATARY S/O RANJIT BASUMATARY VILL. NASRAIBIL P.O. SORABIL Page No.# 2/8 DIST. KOKRAJHAR BTC ASSAM PIN 783350 6: RAHUL NARZARY S/O ANIL NARZARY VILL. BOLLAMJHORA P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PION 783350 7: NIRANJAY NARZARY S/O KORNABOL NARZARY VILL. DOLGAON P.O. RAIMONA DIST. KOKRAJHAR PIN 783350 8: SUJILA NARZARY D/O TEKRE NARZARY VILL. AMRITPUR P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 9: WEGLESWART BASUMATARY S/O JIKEN BASUMATARY VILL. KUMGURI P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 10: RUPOL BASUMATARY S/O LT. BABURAM BASUMATARY VILL. KUMGURI P.O. RAIMONA DIST. KOKRAJHAR PIN 783350 Page No.# 3/8 11: BIRANI BASUMATARY C/O BIJEN BASUMATARY VILL. NEW NABINAGAR P.O. KACUGAON DIST. KOKRAJHAR BTC ASSAM PIN 783360 12: PHILIMON BASUMATARY C/O PREM KUMAR BASUMATARY VILL. JANALIGAON P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 13: SIDHANTA BARGOYARY C/O MARKUSH BARGOYARY VILL. OXIGURI P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 14: JUNASH BASUMATARY C/O PREM KUMAR BASUMATARY VILL. JANALIGAON P.O. RAIMIONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 15: JISTO BORGOYARY C/O MARKUSH BORGOYARY VILL. OXIGURI P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 Page No.# 4/8 16: RITA BASUMATARY C/O LATE RAHESWAR BOSUMATARY VILL. RAIMONA PO. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350 17: BINAY MUSHAHRY S/O THANESWAR MUSHSHARY VILL. NO 2 LOTAMARI P.O. JALESWAR DIST. KOKRAJHAR BTC (ASSAM) PIN 783350 18: MITHUN NARZARY S/O SIREN KR. NARZARY VILL. BURACHARA P.O. KACHIBARI DIST. KOKRAJHAR BTC ASSAM PIN 783360 19: PADUM MAHILARY D/O THANESWAR MAHILARY VILL. RANGALIKHATA P.O. RANGALIKHATA DIST. KOKRAJHAR BTC ASSAM PIN 78337 VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECY. ENVIRONMENT AND FOREST DEPTT., DISPUR, ASSAM, GUWAHATI 6 2:THE PRINCIPAL CHIEF CONSERVAOR OF FOREST ASSAM Page No.# 5/8 REHABARI GUWAHATI 8 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 6 4:THE BODOLAD TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECY. KOKRAJHAR ASSAM PIN 783370 5:THE SECY. OF FORESST BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN 783370 6:THE COUNCIL HEAD OF THE DEPTT. OF FOREST KOKRAJHAR BTC ASSAM PIN 783370 7:THE CHIEF CONSERVATOR OF FOREST KOKRAJHAR BTC ASSAM PIN 783370 8:THE DIVISIONAL FOREST OFFICER HALTUGAON DIVISION GOSSAIGAON BTC ASSAM PIN 783350 9:THE DIVISIONAL FOREST OFFICER CHIRANG KAJALGAON DIVISION BTC ASSAM PIN 783385 Page No.# 6/8 10:THE FOREST RANGE OFFICER GAURANG RANGE BISHMURI KOKRAJHAR BTC ASSAM PIN 783370 11:THE FOREST RANGE OFFICER SIDLI RANGE RUNIKHAA CHIRANG BTC ASSAM PIN 78337 Advocate for the Petitioner : MR H P GUWALA, MR. A BORO Advocate for the Respondent : SC, BTC, SC, FOREST,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.03.2026 Heard Mr. A Boro, learned counsel for the petitioner. Also heard Ms. N Choudhury, learned Standing Counsel, BTC and Ms. A Barthakur, learned counsel appears for the Finance Department. 2. The case of the petitioners is that due to shortage of manpower between the period of 2006-2007, they have been engaged as casual workers for protection of Forest & Wildlife under Chirang Division, Kajalgaon, BTC and Divisional Forest Officer, Haltugaon. 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 decisions rendered by a Division Bench of this Court in Page No.# 7/8 “State of Assam Vs. Shri. Upen Das” reported in 2020 (5) GLT 605. 3. The learned counsel for the petitioners submits that the respondent authorities have duly admitted that the petitioners have been rendering their services, under the Chirang Division, Kajalgaon, BTC Divisional Forest Officer, Haltugaon since 2006-2007. Therefore, 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 petitioners a minimum scale of pay in terms of “Upen Das (supra)”. 4. 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 directions passed by the Division Bench of this Court in “Upen Das (supra)” is that 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. 5. 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 make necessary verifications so as to ascertain the entitlement of the benefits of the petitioners to be conferred in terms of “Upen Das (supra)”. The petitioners be afforded the minimum pay scale as directed note above as expeditiously as possible and preferably within a period of 3 (three) months from the date of receipt of a Page No.# 8/8 certified copy of this order. 6. This writ petition accordingly stands disposed of JUDGE Comparing Assistant