Pramod Jaiswal and 26 Ors v. The State of Assam and 4 Ors

ORDER

10.05.2024

Heard Shri B.D. Das, learned Senior Counsel assisted by Shri H.R. Das, learned counsel for the petitioners. Also heard Ms. M. Bhattacharya, learned Addl. Senior Government Advocate for the respondent no. 1, Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respondent nos. 2, 3 & 4 and Shri A. Chaliha, learned Standing Counsel, Finance Department.

¶2Considering the subject matter, the stand and the enclosures made in the affidavit-in-opposition filed by the respondent no. 3, this writ petition is taken up for disposal at the motion stage.

¶3The petitioners who are 27 in numbers are working as Muster Roll Workers in the Office of the Executive Engineer, IWT, Silchar and they claim to have been appointed in the years, 1993, 1994, and 1995 and have been continuously rendering their service. Though the petitioners admit of being given the due pay as per their Grade, Dearness allowance and Medical Allowances like the regular employees, no pensionary benefits are there. The aforesaid aspect was raised on behalf of the petitioners by the Sodou Assam Karmachari Parishad (SAKP) pursuant to which a meeting was held on

22.09.2023 which was chaired by the Chief Secretary of the State and the other Government officials and the members of the Parishad. One of the specific agenda against Serial No. 18 was on the present claim. The meeting had taken a resolution for examining the matter in the light of the extant guidelines, Office Memorandum issued by the Finance Department from time to time.

¶4The learned Senior Counsel has submitted that the aforesaid aspects have not been considered and in the meantime, some of the petitioners are at the verge of the Page No.# 9/10 retirement. He therefore prays for an appropriate direction.

¶5Pursuant to the initial order passed by this Court, the respondent no. 3 has filed an affidavit-in-opposition on 09.05.2024 which has been placed on record.

¶6Ms. M. D. Bora, learned Standing Counsel for the Transport Department has submitted that pursuant to the resolution dated 22.09.2023 the matter was examined whereafter an order has been passed on 03.05.2024 whereby it has been held that the claim raised is covered by the judgment of this Court rendered in a case of State of Assam vs. Upen Das reported in 2017 4 GLR 493.

¶7The learned Standing Counsel submits that there is a specific reference to the point no. 18 of the meeting held on 22.09.2023 and accordingly the representation submitted by the petitioners in this regard has been disposed of.

¶8The contention of the petitioners, in the considered opinion of this Court is the same which was the subject matter before the Hon'ble Division Bench in the case of Upen Das (supra) wherein the claim for pensionary benefits by such persons have been rejected. Further, the directions passed in the case of Upen Das (supra) towards giving a minimum pay scale was upon a concession by this Court as would appear from the observations made in paragraph 22 thereof which is extracted herein below: "22. It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken a s welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of Page No.# 10/10 decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from

1.8.2017."

¶9The order dated 03.05.2024 apart from not being the subject matter of challenge appears to be clearly in terms and in consonance with the views of the Hon'ble Division Bench in the case of Upen Das (supra) in examining the case of the petitioners.

¶10In view of the above, this Court is of the considered opinion that no case for grant of any relief is made out and accordingly the writ petition is dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/10 GAHC010069242024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1946/2024o PRAMODoJAISWALoANDo26oORS.o S/OoLATEoJ.NoJAISWAL,oR/OoMELAoROAD,oITKHOLAoMALUGRAMo SILCHAR,oASSAM,oDIST-oCACHAR-o788002. 2:oMD.oAMINULoHUSSAINoLASKAR oC/OoASHIRUDDINoLASAKAR oR/OoLANEoENDoROAD oSILCHAR o DIST-oCACHAR oASSAM oPINo788002. 3:oDILIPoKUMARoBADYAKAR oLATEoMAHENDRAoCHANDRAoBADYAKAR oR/OoBIDYAoSAGARoSARANIoSRIRAM o oPALLY oROSOBOLAoNIBASH oRANGIRKHARI oSILCHAR oDIST-oCACHAR oASSAM o PIN-o788005. 4:oRAJUoRAJBONGSHI oS/OoLATEoGANGARAMoRAJBONGSHI oR/OoSRINAGARoROAD oBYEoLANE oMALUGRAM oSILCHAR PageoNo.#o2/10 oDIST-oCACHAR PIN-788009. 5:oSAHAZANoAHMEDoMAZUMDER oC/OoRAJAMONIoMAZUMDAR o R/OoNGo37oMANIPUR oROAD oNEARARKATIPUR oRONGPUR-oPART-1o DIST-oCACHAR oASSAM oPIN-788009. 6:oSHAMSULoALAMoLASKAR oS/OoLATEoABDULoKHALIQUEoLASKAR oR/OoGONIRGRAMoBTCoBURIBALI oPART-IIo DIST-oCACHAR oASSAM oPIN-o788030. 7:oMASUKoUDDINoMAZUMDER oS/OoLATEoALIURoRAHMANoMAZUMDER o VTC oR/OoGOSSAIPURoPARTo-V o UDHARBOND o DIST-oCACHAR oASSAM o PIN-o788030. 8:oMAKHANoKURMI oS/OoLATEoMANILALoKURMI o R/OoDOYAPURoPART-II o DIST-oCACHAR oASSAMo PIN-o788030. PageoNo.#o3/10 9:oHAWATUNoNECHA oS/OoLATEoABDULoMATLIBoBARBUUIYA o R/OoNIZoJOYNAGARoVTC o SILCHAR o DIST-oCACHAR PIN-o788025. 10:oMOINAoMIAoCHOUDHURY oS/OoLATEoSANUHARoALIoCHOUDHURY o R/OoBAGPURoPART-III o DIST-oCACHAR ASSAMo PIN-788101. 11:oNARAYANoGHOSH oS/OoLATEoMUKULoGHOSH oR/Oo1SToLINKoROAD oNO.6oUTTARoKRISHNAPUR oSILCHAR oDIST-oCACHAR PIN-o788006. 12:oGOPALoDAS oS/OoLATEoDINESHoDAS o CoDoHOMEoMEHERPUR oHAILAKANDIoROAD o DIST-oCACHAR oASSAMo PIN-o788015. 13:oALIoAKBARoBAR oS/OoLATEoALAoUDDINoBARBHUIYA oR/OoNEARoPHEoTUPKHANAoPART-o1 o PageoNo.#o4/10 BALIGHAT oDIST-CACHAR PIN-o788025. 14:oSHEKHARoCHANDRAoDAS oS/OoLATEoSUDHIRoCHANDRAoDAS oR/OoTIKAGRAMoKUMARoPARA o MASIMPUR oARUNACHAL oSILCHAR oCACHAR PIN-o788025. 15:oTAPANoKUMARoDEB oS/OoLATEoRAMANANDAoDEB oR/OoSADARGHTAoBRIDGE oRONGPURo PART-oIV oSILCHAR oDIST-CACHAR PIN-o788009. 16:oRAJENDRAoBARHI oS/OoLATEoKAMOUDHoBARHI oR/OoKASHIPURTE oNATUNDAYAPUR o SILCHAR oDIST-oCACHAR PIN-o788009. 17:oHASIoRANIoDAS oC/OoNIRMALoCHANDRAoDAS oR/OoNIZoJOYNAGARoVTC o SILCHAR oDIST-oCACHAR PIN-o788025. 18:oMONIZURoRAHMANoCHOUDHURY PageoNo.#o5/10 oS/OoLATEoJAINoUDDINoCHOUDHURY oVTCoBAGPURoPARTo-III oSONAI o DIST-CACHAR PIN-788101. 19:oTAPANoKUMARoDEY oS/OoLATEoBINAYoDEY oR/OoRONGPURoPART-oIV o SILCHAR oDIST-CACHAR oASSAM oPIN-o788009. 20:oHUSSAINoAHMEDoBARBHUIYA oS/OoLATEoABDULoSATTARoBARBHUIYA o R/OoVICHINGCHAoPART-o1 o DIST-oHAILAKANDI PIN-o788155. 21:oKAMALoUDDINoCHOUDHURY oS/OoLATEoJUNABoALIoCHOUDHURY o R/OoBICHINGCHAoPART-II o DIST-oHAILAKANDI oASSAM oPIN-o788155. 22:oJAMALoUDDINoBARBHUIYA oS/OoLATEoARJUMONDoALIoBARBHUIYA o R/OoBROJAPUR oBAHADURPURoPART-II o DIST-oHAILAKANDI oASSAMo PIN-o788155. PageoNo.#o6/10 23:oAFIAoBEGUMoMAZUMDER oC/OoHABIBURoRAHAMANoMAZUMDER o R/OoRANGAUTIoPART-II o DIST-HAILAKANDI oASSAMo PINo-o788155. 24:oSAYURoAHMEDoMAZUMDER oC/OoLATEoTAZAMULALIoMAZUMDER oR/OoAMJURGHTA oSONAI o DIST-oCACHAR PIN-788119. 25:oSHARIFoUDDINoBARLASKAR oS/OoLATEoFIAZoUDDINoBARLASKAR o R/OoBARJATRAPUR oBORKHOLA o DIST-CACHAR PIN-o788110. 26:oRAMDHINoGOUR oS/OoLATEoDHANURAMoGOUR o R/OoDAYAPUR oPART-IIo DIST-oCACHAR oASSAM oPIN-o788030. 27:oRAMJANAMoRABIDAS oS/OoLATEoMANAWAoRABIDAS o R/OoGANGAPURoBADRIoPART-IV o DIST-oCACHAR Page No.# 7/10 PIN- 788009 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI -781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM INLAND WATER TRANSPORT DEPARTMENT DISPUR GUWAHATI - 781006. 3:THE DIRECTOR INLAND WATER TRANSPORT ASSAM ULUBARI GUWAHATI - 781007 4:THE EXECUTIVE ENGINEER INLAND WATER TRANSPORT CHANDMARI ROAD SILCHAR CACHAR PIN 788003. 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006 Advocate for the Petitioner :