Page No.# 1/5 GAHC010022032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/799/2026 SRI JUGEN MOCHAHARI AND 14 ORS S/O- LATE KINGUA MOCHAHARI, VILL-AUNAJULI P.O-ORANG, DIST- UDALGURI, ASSAM. 2: SRI JUGESWAR BARO S/O- LATE CHARAN BORO VILL-NO.1 JHARGAON PO-RANI PUKHURI DIST-UDALGURI ASSAM. 3: SRI SUBHASH BARMAN S/O- LATE SAILESH BARMAN VILL-GERUAH PO-KALAIGAON DIST-UDALGURI ASSAM 4: SMT MRINALINI DAIMARI W/O- LATE JAYANTA DAIMARI VILL-BORIGAON HATKHALA PO-BARIGAON DIST-UDALGURI ASSAM. 5: MALAY CH. SHILL S/O- BIMAL CH. SHILL VILL-DAKHIN CHUBA PO-DHANSIRI BAZAR DIST-UDALGURI ASSAM. 6: TEJIMALA SARANIA W/O- SRI BIDYUT KOCHARI VILL-SALKIA PARA PO-BARALA KHAT DIST-UDALGURI ASSAM Page No.# 2/5 7: ARATI RABHA W/O- SRI GAGAN CH RABHA VILL-SUB MAHALIAPARA PO-RANGAJULI DIST-UDALGULI ASSAM. 8: RENU NATH BASUMATARY W/O- SRI PRAFULLA BASUMATARY VILL-NO-3 RAJAGARH PO-RAJAGARH DIST-UDALGURI ASSAM. 9: SRI AJIT BASUMATARY S/O- ADIMOL BASUMATARY VILL-SHUPPURT PO-ORANG DIST-UDALGURI ASSAM 10: SRI DINESH MAHATOO S/O- LATE RAMCHARAN MAHATOO VILL-NO-2 SAIKIACHUBURI PO-ORANG DIST-UDALGURI ASSAM. 11: MRS REETA BASUMATARY W/O-ROHIT BASUMATARY VILL-NO-2 KACHARIPARA PO-BHAKAT PARA DIST-UDALGURI ASSAM. 12: SRI BISWAJIT CHOUHAN S/O- NANDALAL CHOUHAN VILL-BHAKAT PARA PO-BHAKAT PARA DIST-UDALGURI ASSAM. 13: MD AKBAR ALI S/O-LATE ABDUL RASID VILL-DAKHIN CHUBA PO-DHANSIRI BAZAR DIST-UDALGURI ASSAM 14: BODIA BASFORE D/O- LATE SUBHAS BASFORE VILL-NO-1 SAIKIA CHUBURI PO- ORANG DIST-UDALGURI ASSAM. 15: SRI TARUN DAIMARI S/O- LATE NADIYA DAIMARI VILL-CHUTIA PARA PO-GERUA BAZAR Page No.# 3/5 DIST-UDALGURI ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, BODO TERRITORIAL COUNCIL (BTC), KOKRAJHAR-783370, ASSAM. 2:THE JOINT SECRETARY BODO TERRITORIAL COUNCIL BTC KOKRAJHAR-783370. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36. 4:THE DIRECTOR OF HEALTH SERVICES BODO TERRITORIAL COUNCIL BTC KOKRAJHAR-783370. 5:THE JOINT DIRECTOR OF HEALTH SERVICES UDALGURI BTAD PIN-784509. 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. N UPADHAYAY, MR. S SUTRADHAR Advocate for the Respondent : SC, FINANCE, SC, BTC,SC, HEALTH AND F W Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.02.2026 Heard Mr. S Sutradhar, learned counsel for the petitioner. Also heard Ms. D Bora, learned Standing Counsel, Health Department, Mr. NR Sarma, learned counsel for the BTC and Ms. A Borthakur, learned counsel for the Finance Department. 2. The petitioners are Grade-IV employees (Casual/Muster Roll/Contractual) serving in various health centers under the BTC Authorities. It is submitted that despite their long standing and uninterrupted service, the respondents have failed to grant them the benefits of the minimum pay scale. 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 “State of Assam Vs. Shri. Upen Das” reported in 2020 (5) GLT 605, however, the same has not been conferred to them by the respondent Authorities till date. Being aggrieved, they have filed this writ petition. 3. Considering the same, the respondent authorities are directed to grant the petitioners the benefit of minimum pay scale in terms of Upen Das (supra). Page No.# 5/5 However, before granting them such benefit, the respondents will make necessary verifications of the claims of the writ petitioners individually so as to ascertain the entitlement of the benefits of the petitioners to be conferred in terms of Upen Das (supra). If their claims are found to be genuine, the petitioners be afforded the minimum pay scale as directed above as expeditiously as possible and preferably within a period of 90 (ninety) days from the date of receipt of a certified copy of this order. 4. The writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant