Page No.# 1/5 GAHC010087332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2397/2026 JUGAMI BASUMATARY AND 3 ORS D/O AROBINDA BASUMATARY A RESIDENT OF VILL- KUKURMARI, P.O. DHALIGOAN, DIST. CHIRANG, BTC, ASSAM, PIN-783385 2: BHABANI WARY D/O CHANDACK WARY A RESIDENT OF GOSSAIGAO P.O. PANCHAIDHAM DIST. KOKRAJHAR BTC ASSAM PIN-783372. 3: DWIMU BORO D/O MAHENDRA BORO A RESIDENT OF DALAOKURIPUR PART-II P.O. DOLAOBARI DIST. KOKRAJHAR BTC ASSAM PIN- 783370. 4: KRISHNA DAIMARY @ BASUMATARY D/O PURNA DAIMARY A RESIDENT OF DAWKHAPA P.O. MONUPAR DIST. GOALPARA ASSAM PIN-78312 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, Page No.# 2/5 ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI- 6. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM REHABARI GUWAHATI-8. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR ASSAM PIN-783370. 5:THE COUNCIL HEAD OF THE DEPARTMENT OF FOREST KOKRAJHAR BTC ASSAM PIN-783370. 6:THE CHIEF CONSERVATOR OF FOREST KOKRAJHAR BTC ASSAM PIN- 783370. 7:THE DIVISIONAL FOREST OFFICER CHIRANG DIVISION KAJALGAON CHIRANG BTR ASSAM PIN-783385. 8:THE FOREST RANGE OFFICER SIDLI RANGE Page No.# 3/5 RUNIKHATA CHIRANG BTC ASAM PIN- 783393 9:THE FOREST RANGE OFFICER RUNIKHATA RANGE BTC ASSAM PIN-78337 Advocate for the Petitioner : MR. A BORO, MS TOSHISENLA,MR H P GUWALA Advocate for the Respondent : SC, FOREST, SC, BTC,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 15.05. 2026 Heard Mr. A. Boro learned counsel for the petitioners. Also heard Ms. M. Kalita, learned Standing Counsel, for the Forest, Ms. B. Bora, learned Standing Counsel, BTC, Ms. A. Borthakur, learned Standing Counsel, Finance. 2. This writ petition has been filed by the petitioners claiming for the minimum pay scale in terms of a judgment and order dated passed by this Court in WA 45/2014 (State of Assam and Ors. vs. Upen Das & Ors.). 3. The case of the petitioners is that the petitioners have been serving as casual workers for nursery work under Chirang Division, Kajalgaon since 2007. The petitioners have rendered more than 18 years continuous service without Page No.# 4/5 any break and have been discharging their duties diligently to the satisfaction of the competent authorities. It is the case of the petitioners that they are entitled to get the benefit of minimum pay scale in terms of the decision rendered 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 the respondents have duly admitted that the petitioners have been rendering their services as casual workers for nursery work under Chirang Division, Kajalgaon since 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). 5. The learned counsel for the respondents 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 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 worker since Page No.# 5/5 various date of their engagement which has not been disputed by the respondents. 6. The learned Standing Counsel for the BTC has also submitted before this Court, that the names of the petitioners has been included in the report, which was submitted regarding casual workers as per the instructions received from the BTC Authority. 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 verification as may be required. The petitioners be afforded the minimum pay scale as directed near 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. JUDGE Comparing Assistant