Page No.# 1/6 GAHC010049922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1476/2026 MITHUN WARY AND ORS S/O BAUDAUR WARY, RESIDENT OF VILLAGE MOSLABARI, PO KARIGAON, PS AND DIST KOKRAJHAR, BTC, ASSAM 2: SRI SWMAOSAR BASUMATARY S/O TENGA BASUMATARY RESIDENT OF VILLAGE UDANGRRI BASHBARI F.V PO BISHMURI PS AND DIST KOKRAJHAR BTC ASSAM 3: SRI RAJESH BASUMATARY S/O BIREN BASUMATARY RESIDENT OF VILLAGE AMGURI PO KARIGAON PS AND DIST KOKRAJHAR BTC ASSAM 4: SRI BURBANYA MUSHAHARY S/O PURNA MUSHAHARY RESIDENT OF VLLLAGE NEW BASHBARI PO KARIGAON PS AND DIST KOKRAJHAR BTC ASSAM 5: SRI BIRDAO BRAHMA S/O LATE UPEN BRAHMA RESIDENT OF VILLAGE MIJING NWGWR Page No.# 2/6 PO PS AND DIST KOKRAJHAR ASSAM BTC 6: SRI BANDHURAM BASUMATARY S/O DUNEN BASUMATARY RESIDENT OF VILLAGE BASHBARI PO SILGARA PS AND DIST KOKRAJHAR BTC ASSAM. 7: SRI BISHNU BASUMATARY S/O KOBARAM BASUMATARY RESIDENT OF VILLAGE DAIMUGURI PO NAYEKGAON PS AND DIST KOKRAJHAR BTC ASSAM 8: SRI RISHOP BASUMATARY S/O SRI NABAB BASUMATARY RESIDENT OF VILLAGE THAIGARGURI PO GURUBHASHA PS SIDLI DIST CHIRANG BTC ASSAM 9: SRI SAMAR BASUMATARY S/O ANANDA BASUMATARY RESIDENT OF VILLAGE NARENGURI PO KHUNGRING PS RUNIKHATA DIST CHIRANG BTC ASSAM 10: SRI DIPAK GOYARY S/O TEKLA GOYARY RESIDENT OF VILLAGE GWJWNPURI PO KHUNGRING Page No.# 3/6 PS RUNIKHATA DIST CHIRANG BTC ASSAM 11: SRI SANSUMA ISLARY S/O LATE KARLUSU ISLARY RESIDENT OF VILLAGE LALAI DWISA PO SHANTIPUR PS RUNIKHATA DIST CHIRANG BTC ASSAM 12: SRI BIKE BASUMATARY S/O SRI BABURAM BASUMATARY RESIDENT OF VILLAGE TUNGSIDANGI PO AMTEKA PS AMGURI DIST CHIRANG BTC ASSA VERSUS THE BODOLAND TERRITORIAL COUNCIL AND ORS REP BY THE COMMISSIONER AND SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, ASSAM, DISPUR GUWAHATI 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM REHABARI GUWAHATI 8 4:THE BODOLAND TERRITORIAL COUNCIL BTC REP. BY THE PRINCIPAL SECRETARY BODOFA NWGWR KOKARJHAR BTC ASSAM 7833710 Page No.# 4/6 5:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM HEAD OF FOREST FORCE BTC KOKARJHAR ASSAM 783370 6:THE CHIEF CONSERVATOR OF FOREST BTC KOKRAJHAR ASSAM 783370 7:THE CHIEF CONSERVATOR OF FOREST BTC CHIRANG ASSAM 8:THE FOREST RANGE OFFICER JHARBARI RANGE HALTUGAON DIVISION KOKRAJHAR BTC ASSAM 9:THE FOREST RANGE OFFICER RUNIKHATA RANGE RUNIKHATA DIVISION CHIRANG BTC ASSA Advocate for the Petitioner : MR R DHAR, MRS. A BASUMATARY,J DAS Advocate for the Respondent : SC, FOREST, SC, FINANCE DEPTT.,SC, BTC Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.03.2026 Heard Mr. R. Dhar, learned counsel for the petitioners. Also heard Ms. N Choudhury, learned Standing Counsel, BTC; Ms. N. Kalita, learned counsel appears for the Forest Department and Ms. A Barthakur, learned counsel appears for the Finance Department. 2. The case of the petitioners is that due to shortage of manpower between the period of 2006-2007, they have been engaged as casual workers for protection of Forest & Wildlife under the forest department in 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. 3. The learned counsel for the petitioners submits that the respondent authorities have duly admitted that the petitioners have been rendering their services, under the forest department in BTC since 2006-2007. 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)”. 4. Ms. N. Choudhury, 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 Page No.# 6/6 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 2006-2007 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 verifications so as to ascertain the entitlement of the benefits of the petitioners to be conferred in terms of “Upen Das (supra)”. The petitioners be afforded the minimum pay scale as directed note 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. This writ petition accordingly stands disposed of JUDGE Comparing Assistant