Page No.# 1/9 GAHC010089522026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2426/2026 MANIK DAS AND AND 21 ORS S/O-LATE KANDHARPA DAS, AGED ABOUT-35 YEARS, VILL- GANAKPARA, P.O-HOWLY, DIST-BAKSA, BTC, ASSAM, PIN-781316 2: SANJIB BASUMATARY S/O-NIRMALA BASUMATARY AGED ABOUT-49 YEARS VILLAGE-KACHUGAON P.O-KACHUGAON DIST-KOKRAJHAR BTC ASSAM PIN-783350 3: JOBA BASUMATARY D/O- ROTON BASUMATARY AGED ABOUT- 35 YEARS VILL- SHYAMTAIBARI P.O- GARUBASA DIST- CHIRANG BTC ASSAM PIN - 783373 4: MONI BALA BRAHMA D/O- FHULESWARI BRAHMA AGED ABOUT- 35 YEARS VILL- DALAOBARI P.O- DALAOBARI DIST- CHIRANG BTC ASSAM PIN- 781333 Page No.# 2/9 5: SHIBA RAJNONSHI S/O- LATE SANTOSH RAJNONSHI AGED ABOUT- 37 YEARS VILL- NO.1 LAKHIJHORA P.O- BHOTAGAON DIST- CHIRANG BTC ASSAM PIN- 783390 6: BANDANA BRAHMA D/O- ASHAK BRAHMA AGED ABOUT- 89 YEARS VILL- DUDUMARI P.O- SAPATGRAM DIST- KOKRAJHAR BTC ASSAM PIN- 781316 7: RANJALI BASUMATARY D/O- SANIK KUMAR BASUMATARY AGED ABOUT- 37 YEARS VILL- GHOSHKATA P.O- BANARGAON DIST- KOKRAJHAR BTC ASSAM PIN- 783347 8: SANI BRAHMA S/O- PRAMOD BRAHMA AGED ABOUT- 38 YEARS VILL- DALAOBARI P.O- DALAOBARI DIST- KOKTRAJHAR BTC ASSAM PIN- 781333 9: RAKESH BRAHMA S/O- GANESH CHANDRA BRAHMA AGED ABOUT 39 YEARS VILL- NORTH GHOSKATA P.O- BANARGAON DIST- KOKRAJHAR BTC Page No.# 3/9 ASSAM PIN 783347 10: ANJIMA BASUMATARY D/O- BERGO BASUMATARY AGED ABOUT -37 YEARS VILL- KAKURMARI P.O- DHALIGAON DIST CHIRANG BTC ASSAM PIN-783385 11: MINISRI BASUMATARY S/O- PRAMILA BASUMATARY AGED ABOUT- 37 YEARS VILL- PHUB MAKRA P.O- KALIAGAON DIST- CHIRANG BTC ASSAM PIN- 783390 12: DUFANG BARGAYARY S/O- LATE KUSHAL CH. BARGAYARY AGED ABOUT- 37 YEARS VILL- CHETNAPURI P.O- SIMBWRGAON DIST- KOKRAJHAR BTC ASSAM PIN- 783370 13: AMBAR BORO S/O- MINISON BORO AGED ABOUT 38 YEARS VILL- DHALIGAON DAIRYFARM P.O- DHALIGAON DIST- CHIRANG BTC ASSAM PIN- 783385 14: ANSUMWI BRAHMA D/O- UPEN BRAHMA AGED ABOUT- 37 YEARS VILL- DHALIGAON Page No.# 4/9 P.O- DHALIGAON DIST- CHIRANG BTC ASSAM PIN-783385 15: SOMAINA BASUMATARY D/O- SAITEN BASUMATARY AGED ABOUT- 37 YEARS VILL- NO.1 CHAPAGURI P.O- DHALIGAON DIST- CHIRANG BTC ASSAM PIN- 783380 16: LINJA NARJARY D/O- JIBANDASH NARZARY AGED ABOUT 37 YEARS VILL- AMRITPUR FV P.O- RAIMONA DIST KOKRAJHAR BTC ASSAM PIN- 783350 17: PHUNKA BASUMATARY S/O- GOPI BASUMATARY AGED ABOUT- 37 YEARS VILL- AMTHEKA FV P.O- AMTEKA BAZAR DIST- CHIRANG BTC ASSAM PIN- 783393 18: JANAK BRAHMA S/O- RANJIT BRAHMA AGED ABOUT 37 YEARS VILL- PANIJANI P.O- BHUMKA DIST- KOKRAJHAR BTC ASSAM PIN- 783337 Page No.# 5/9 19: RWISUMA BASUMATARY D/O- RINGKHANG BASUMATARY AGED ABOUT- 35 YEARS VILL- BWIRALI P.O- KACHUGAON DIST- KOKRAJHAR BTC ASSAM PIN- 783350 20: JAMUNA NARZARY D/O- KARNA NARZARY AGED ABOUT- 42 YEARS VILL- GOSSAIGAON P.O- RANCHAIDHAM DIST- KOKRAJHAR BTC ASSAM PIN- 783360 21: BINABATI NARZARY D/O- FLORA NARZARY AGED ABOUT- 37 YEARS VILL- DONBOSCO ROAD BENGTAL P.O- BENGTAL DIST- CHIRANG BTC ASSAM PIN- 783394 22: TILOTTAMA NARZARY S/O-ASHWINI KR. NARZARY AGED ABOUT-42 YEARS VILLAGE-KUSUMBIL FV P.O-RAIMONA DIST-KOKRAJHAR BTC ASSAM PIN-78335 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI- 6. Page No.# 6/9 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM REHABARI GUWAHATI-8. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY KOKRAJHAR ASSAM PIN-783370 5:THE SECRETARY FOREST DEPARTMENT BTC ASSAM PIN-783370 6:THE COUNCIL HEAD OF THE DEPARTMENT OF FOREST BTC KOKRAJHAR ASSAM PIN-783370 7:ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM-COUNCIL HEAD OF THE DEPARTMENT FOREST BTC KOKRAJHAR ASSAM PIN-783370 8:THE DIVISIONAL FOREST OFFICER KACHUGAON DIVISION KOKRAJHAR BTC ASSAM PIN-783370 9:FORESTRANGE OFFICER Page No.# 7/9 SANFAN RANGE KACHUGAON BTC ASSAM PIN-78337 Advocate for the Petitioner : MR. A BORO, MR H P GUWALA,I KUMARI Advocate for the Respondent : SC, FOREST, SC, BTC,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.05.2026 Heard Mr. A. Boro, learned counsel for the petitioners. Also heard Mr. I Borthakur, learned Standing Counsel, Forest Department and Ms. B Borah, learned Standing Counsel, BTC. 2. The case of the petitioner is that due to shortage of manpower between the period of 2006-2007, they have been engaged as casual workers for protection of forest and wildlife under the Division in Kokrajhar District, BTC. 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 “State of Assam Vs. Shri. Upen Das” reported in 2020 (5) GLT 605. Page No.# 8/9 3. The learned counsel for the petitioners submits that the respondent authorities have duly admitted that the petitioners have been rendering their services, in the Forest Department of Kokrajhar District, BTC. 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. B Borah, 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 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 verification so as to ascertain the entitlement of the benefits of the petitioners Page No.# 9/9 to be conferred in terms of Upen Das (supra). The petitioners be afforded the minimum pay scale as directed 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. 6. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant