Ali Haidor Barbhuiya v. The State of Assam and 4 Ors

ORDER Date : 24.01.2024

Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned standing counsel, Forest and Mr. R. Borpujari, learned standing counsel, Finance Department.

¶2Mr. I. Borthakur, learned standing counsel, Forest Department submits that if the petitioners file a fresh representation, their cases will be considered by the department and appropriate orders thereon will be passed.

¶3Such submission is not objected to by the learned counsel for the petitioner. In any event, the prayer made in the writ petition is to include the name of the petitioner in the list of casual workers under Karimganj Forest Division for grant of minimum pay scale in terms of the Judgment and Order dated 08.06.2017 in the case of State of Assam Vs Upen Das in WA No. 45/2014.

¶4If that be so taking into consideration the submissions made by the respondent counsel, the writ petition stands closed permitting the writ petitioner to approach the Principal Chief Conservator of Forest & Head of Forest Force, Page No.# 3/3 Assam/respondent No.3 to file the necessary applications ventilating the grievances of the petitioner for include his name in the list of casual workers working under Karimganj Forest Division and thereafter grant minimum scale of pay as it is submitted that the petitioner was rendering his services as a casual worker and his name ought to have been included in the same list. Such representation if filed, shall be considered and disposed of by way of a speaking order within a period of 30 (thirty) days from the date of the receipt of a certified copy of the order, along with such representation as directed to be filed.

¶5Writ petition is accordingly disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010050712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1342/2023o ALIoHAIDORoBARBHUIYAo S/O-oLATEoMASHROFoALIoBARBHUIYA,o VILL-oNEARGRAMoPARToI,o P.O-oNEARGRAM,o DIST-oCACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoOFoTHEoGOVT.oOFoASSAM,o ENVIRONMENToANDoFORESToDEPARTMENTo oDISPUR,oGUWAHATI-06.,oASSAM 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM o DEPARTMENToOFoFINANCEo oDISPUR o GUWAHATI-06. 3:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFOREST oANDoHEADoOFoFORESToFORCE oASSAM o ARANYAoBHAWAN oPANJABARIoROAD oGUWAHATI oASSAM oPIN-o781037. 4:THEoCHIEFoCONSERVATORoOFoFOREST Page No.# 2/3 SOUTHERN ASSAM CIRCLE SILCHAR-01 5:THE DIVISIONAL FOREST OFFICER KARIMGANJ DIVISION KARIMGAN Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA