Page No.# 1/3 GAHC010059122025 2026:GAU-AS:2165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1617/2025 KUNJALATA MEDHI DEKA W/O- LATE KESHAB DEKA, R/O- VILL.- SARTHEBARI, WARD NO. 5 ,P.O. SARTHEBARI, DIST. BARPETA, ASSAM, PIN- 781307. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI-6. 3:THE EXECUTIVE OFFICER SARTHEBARI MUNICIPAL BOARD SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM PIN- 781807. 4:THE CHAIR-PERSON SARTHEBARI MUNICIPAL BOARD SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM PIN- 781807 Page No.# 2/3 Advocate for the Petitioner : MR. I H SAIKIA, MS. P SAHARIA,V KHAKHALARY,C SARMA,MR. B BORAH,MR. K KALITA,MR. M R CHOUDHURY,MR K KASHYAB Advocate for the Respondent : GA, ASSAM, MS. J CHETTRY (R-4),SC, SEC. EDU. BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 11.02.2026 Heard Mr I H Saikia, learned counsel appearing for the petitioner. Also heard Ms J Chettry, learned counsel appearing for the respondent Nos. 3 and 4. 2. The petitioner is an employee under the Sarthebari Municipal Board, where he was initially appointed on 28.10.2015 as a Muster Roll Worker under the Sarthebari Town Committee as it stood then under compensatory ground. She accordingly, joined. She was later promoted as the Lower Division Assistant in the office. By the order dated 01.03.2024, the petitioner was informed of the decision to regularize her services and of her appointment as a Lower Division Assistant at the pay in the scale of Rs. 14,000/-- to Rs. 49,000/-, with Grade Pay of Rs. 5,600 plus other allowances applicable w.e.f. 01.03.2023. 3. It is the case of the petitioner that she has not received the appropriate salaries after her posting as the LDA, and, therefore, she has approached this Court, praying for a direction to the respondents to grant her the appropriate salary, both arrear and current. 4. The respondent No. 4 has filed an affidavit, wherein a stand was taken that it was only due to lack of fund that the writ petitioner could not be paid her regular scale of pay. 5. It is trite law that lack of fund cannot be taken up as a ground not to pay legal dues to regular employees serving in an organization. Page No.# 3/3 6. It has also been submitted by the learned counsel appearing for the Municipal Board that now, as two or three employees have been superannuated, the funds can be arranged. 7. In the above circumstances, this writ petition is disposed of directing the respondent Nos. 2, 3 and 4, to make necessary arrangements for payment of the salary of the petitioner at the rate, to which she is entitled to, on and from the month of March, 2026. Arrear salaries, if any, payable to the petitioner, prior to March, 2026, shall be calculated and paid to her within a period of 6 (six)months from the date of receipt of the certified copy of the order. 8. Writ petition is accordingly disposed of. 9. No cost(s). JUDGE Comparing Assistant