Page No.# 1/6 GAHC010163582025 2026:GAU-AS:13450 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4293/2025 GANESH CHANDRA DAS ALISA SRI GANESH DAS S/O- LATE GOPAL DAS, R/O- VILL.- MOHADEVTOLA, P.O. AND P.S. HAJO, DIST. KAMRUP., ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER AND SECRETARY OF ASSAM, ASSAM SOIL CONSERVATION DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF SOIL CONSERVATION ASSAM BHUMI SANGRAKSHAN BHAWAN R.G. BARUA ROAD GUWAHATI-781005. 4:ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LIMITED OPPOSITE SARUSAJAI NATIONAL STADIUM COMPLEX SAWKUCHI NATIONAL HIGHWAY NO. 37 LOKHRA GUWAHATI-781034 REPRESENTED BY ITS MANAGING DIRECTOR. 5:THE MANAGING DIRECTOR ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LIMITED OPPOSITE SARUSAJAI NATIONAL STADIUM COMPLEX Page No.# 2/6 SAWKUCHI NATIONAL HIGHWAY NO. 37 LOKHRA GUWAHATI-781034 Advocate for the Petitioner : MR I HASSAN, Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT., P HAZARIKA, SC, SOIL CONSERVATION DEPTT.,SC, FINANCE BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 10/09/2026 Heard Mr. I Hassan, learned counsel for the petitioner and Mr. P Hazarika, learned Standing counsel, Soil Conservation Department. 2. The petitioner in the present proceedings has prayed for a direction upon the respondent authorities to compute his retirement benefits, by reckoning the revised scale of pay coming into operation, in pursuance to the recommendations made by the 6th Assam Pay Commission. 3. The petitioner in the present writ petition was an employee of the Assam Plantation Crops Development Corporation Limited. The petitioner, during his service tenure, was being extended with the benefit of pay and allowances by maintaining parity with the Revision of Pay Rules, coming into operation from time to time in respect of the State Government employees. 4. The petitioner, herein, while receiving his pay and allowances in the scale of pay coming into being, in respect of his post, in pursuance to the Page No.# 3/6 recommendations made by the 5th Assam Pay Commission, had retired from his services on reaching the age of superannuation, w.e.f. 30.11.2014. The petitioner, thereafter, has instituted the present writ petition praying for a direction upon the respondent authorities to fix his pay in the Revised Pay Scale coming into being in pursuance to the implementation of the Assam 6th Pay Commission Rule, i.e., w.e.f. 01.01.2006 till 30.11.2014. 5. Mr. I Hassan, learned counsel for the petitioner, by referring to a Resolution adopted by the Board of Directors of the Assam Plantation Crops Development Corporation Limited in its meeting held on 27.12.2022, has submitted that the Board had resolved to release to its employees the benefit on account of the implementation of the accepted recommendations of the 6th Assam Pay Commission as and when the amount involved is released by the Government of Assam. 6. Mr. Hassan, learned counsel for the petitioner submits that in view of the said decision of the Board of Directors of the Corporation, the right of the petitioner for receiving his pay and allowances in the revised scale of pay w.e.f. 01.01.2006, till the date of his superannuation, in terms of the accepted recommendations of the 6th Assam Pay Commission, has been crystallized. 7. Accordingly, the learned counsel for the petitioner submits that the respondent authorities be directed to release to the petitioner his arrear salaries in the revised scale of pay, along with the enhanced retirement benefits, as would now flow to the petitioner. 8. Per contra, Mr. P Hazarika, learned Standing counsel, Soil Conservation Department, appearing for the respondents, has submitted that the respondent Page No.# 4/6 Corporation, which is a loss making one, had not adopted the Revision of Pay Rules, 2008, i.e., the Revision of Pay Rules coming into being with regard to the accepted recommendations of the 6th Assam Pay Commission Report. 9. It is submitted that the employees of the Corporation, who were continuing in their services, were being paid their pay and allowances as per the fixation made in pursuance to the accepted recommendations of the 5th Assam Pay Commission. It is further submitted by the learned counsel for the respondents that the Assam Plantation Crops Development Corporation Limited, was approved for closure by the State Cabinet in its meeting held on 27.08.2025. 10. Mr. Hazarika, learned Standing counsel, Soil Conservation Department, has further referred to the Minutes of the meeting of the Board of the Corporation held on 21.09.2023, wherein, against Agenda No. 9, the Board had resolved that the arrears of the 6th Pay Commission would not be extended to the employees of the Corporation, who had already retired from the Corporation, while drawing pay and allowances in terms of the 5th Assam Pay Commission report. 11. Accordingly, the learned counsel for the respondents submits that the claims made by the petitioner in the present writ petition, would not mandate an acceptance from this Court. 12. I have heard the learned counsel for the parties and also perused the materials available on record. 13. This Court, at the outset, notices that the Corporation has already been Page No.# 5/6 decided to be closed in pursuance to a decision arrived at in the matter by the Cabinet in its meeting held on 27.08.2025. The manner of release of benefits to the employees of the Corporation was also decided by the Cabinet. 14. This Court from the materials brought on record finds that the Board of the Corporation, during the period when the petitioner was in service with the Corporation, had not adopted the revised scale of pay coming into being in pursuance to the ROP Rules of 2008. 15. It is a settled position of law that the Revision of Pay Rules, so formulated by the State Government for its employees, does not automatically get attracted to the employees working in Autonomous Bodies and/or undertakings of the State Government. It is for the Apex Body of such organizations to take appropriate decision considering their financial capacity for adopting the provisions of the ROP Rules coming into force from time to time. 16. This Court finds that the Board of Directors of the Corporation, had adopted the Revised Pay Scale coming into being in pursuance to the 5th Pay Commission for its employees, however, there is no adoption made with regard to the revised pay scale coming into being in pursuance to the 6th Assam Pay Commission Report. 17. Accordingly, this Court is of the considered view that the petitioner, herein, cannot claim to be extended with the revised pay scale coming into being in terms of the revision of Pay Rules, 2008 (issued basing on the accepted recommendations of the 6th Assam Pay Commission). 18. Accordingly, the claims made by the petitioner in the present writ petition, Page No.# 6/6 in the considered view of this Court would not mandate an acceptance. 19. Accordingly, the present writ petition is held to be devoid of any merit and consequently, the same stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant