Monoj Kumar Das and 4 Ors v. The State of Assam and 6 Ors

ORDER

24.01.2024

Heard Mr. K.A. Mazumder, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Standing Counsel, Forest Department for the respondent nos. 1 to 6 and Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no.7. This writ petition is filed by the petitioners who claim to be casual workers working under the Divisional Forest Office, Hailakandi District under the Hailakandi Forest Division. The writ petitioners rendered their services in various post like drivers, casual labourers etc. The petitioner nos. 1 & 2 were engaged as casual worker/labourer with effect from 01.03.1993, the petitioner nos. 3 & 5 were engaged with effect from 01.03.2005 and the petitioner no.4 was engaged with effect from 25.05.2009. It is submitted that these workers are rendering their services without any blame or blemish and their prayer for payment of fixed wages or remunerations have not been considered by the respondents Department. It is submitted by the learned counsel for the petitioners that by order dated 01.01.2024 as many as 482 persons working under the various Page No.# 4/6 Forest Divisions were recommended for a fixed pay of Rs.15,900/- (Rupees Fifteen thousand Nine hundred) with dearness allowance and which will undergo pay revision whenever pay scale changes along with medical allowances of Rs.600/- (Rupees Six hundred) per month. All these persons were named in the order dated 01.01.2024 who are rendering their services similar to that of the writ petitioners. It is the grievance of the writ petitioners that these 482 persons named in the order dated 01.01.2024 were considered for grant of fixed pay of Rs.15,900/- (Rupees Fifteen thousand Nine hundred) overlooking the claims of the petitioners. It is submitted that the petitioners are rendering services like the other similarly situated persons but their claims for fixed remuneration has not been considered till date. Learned counsel for the petitioners submits that the writ petitioners have also approached the authorities by filing a representation dated 08.01.2024. However, the said representation is pending before the Commissioner and Secretary to the Government of Assam, Environment and Forest Department, without passing any orders thereof. Mr. I. A. Borthakur, learned Standing Counsel, Forest Department submits that at this stage he has no instructions and he would like to obtain instructions in the matter. Page No.# 5/6 Having heard the learned counsel for the parties and upon perusal of the writ petition, it is seen that the limited prayer of the petitioners in the writ petition is for consideration of the cases of the petitioners for grant of fixed pay as has been done in the case of other 482 persons stated to be similarly situated as has been reflected in the order dated 01.01.2024 issued by the Secretary to the Government of Assam, Environment and Forest Department. Accordingly, this Court is of the view that the claim of the petitioners is for extending the similar benefits in view of the order issued by the Department on

01.01.2024 in respect of other similarly satiated persons. It is also seen that there is a representation preferred by the petitioners before the authorities which has stated to have been filed on 08.01.2024 before the Commissioner and Secretary to the Government of Assam, Environment and Forest Department, thorough the DFO, Hailakandi. Considering such limited prayer of the writ petitioners and that there are five writ petitioners before this Court in the present proceedings, this Court is of the view that the writ petition need not be kept pending and the same can be disposed of with a direction to the Commissioner & Secretary to the Government of Assam, Environment & Forest Department to look into the claims raised by the petitioners for grant of fixed remuneration as has been done in respect of Page No.# 6/6 the 482 persons mentioned in the order dated 01.01.2024 issued by the Secretary to the Government of Assam, Environment and Forest Department, which persons are stated to be similarly situated like the present petitioners. The Commissioner and Secretary to the Government of Assam, Environment and Forest Department, will verify the claims raised by the petitioners and thereafter, shall pass effective speaking order(s) on the representation. Any information, if found required to be submitted by the petitioners, may be called for and which will accordingly be furnished by the petitioners. The Commissioner and Secretary to the Government of Assam, Environment and Forest Department, shall pass a speaking order and copies thereof will be served to the petitioners individually. The entire exercise will be completed within a period of 30 (thirty) days from the date of receipt of a certified copy of this order. The writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010013412024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/349/2024o MONOJoKUMARoDASoANDo4oORSo S/OoLT.oMONMOHANoDAS,oVILL-PRATAPPURoF.V,oP.O.-PRATAPPUR,oP.S.- SILCHAR,oDIST-CACHAR,oASSAM,oPIN-788113 2:oFAKRULoISLAMoBARBHUIYA oS/OoLATEoBASIRoUDDINoBARBHUIYA oVILLo-RANGAUTIoPART-I oP.O.-PAIKAN oP.S.oANDoDIST-HAILAKANDI oASSAM oPIN-788155 3:oJULUoBARMAN oS/OoLT.oPUTULoBARMAN oVILL-oBIALIPUR oP.O.-PRATAPPUR oP.S.-LALA oDIST-HAILAKANDI oASSAM oPIN-788113 4:oMAHBUBoALOMoKHAN oS/OoLATEoBADARoUDDINoKHAN oVILL-oBASHDHARoPART-1 oP.O.-MATIJURI oP.S.oANDoDIST-HAILAKANDI oASSAM oPIN-788155 5:oAHADoHUSSAINoLASKAR oS/OoLATEoMOURoUDDINoLASKAR oVILL-oSAIDPURoPARToIV oP.O.-SAIDPURoMUKAM oP.S.-SILCHAR Page No.# 2/6 DIST-CACHAR ASSA VERSUS THE STATE OF ASSAM AND 6 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-37 3:THE CONSERVATOR OF FORESTS SOUTHERN ASSAM CIRCLE SILCHAR CACHAR PIN-788001 4:THE DIVISIONAL FOREST OFFICER HAILAKANDI P.O. AND DIST-HAILAKANDI ASSAM PIN-788151 5:THE RANGE FOREST OFFICER MATIJURI RANGE DIST-HAILAKANDI ASSAM PIN-788151 6:THE BEAT FOREST OFFICER BILAIPUR BEAT DIST-HAILAKANDI ASSAM PIN-788102 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. K A MAZUMDER Page No.# 3/6 Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA