Ranjit Das and 13 Ors v. The State of Assam and 11 Ors

ORDER Date : 29-03-2023

Heard Mr. M. Dasgupta, learned counsel for the petitioners and Mr. D. Upamanyu, learned Standing Counsel, Health Department. This writ petition is filed by the petitioners, who were engaged as casual workers under the various Hospital Management Committee/society under the respondent health department. It is submitted that the petitioners have been working for more than 10 years and they have also the requisite educational qualifications, skill sets and experience. It is further submitted that inspite of their entitlement, they have not been given the minimum pay scales as has been done in respect of other similar workers. Being aggrieved, the present writ petition has been filed seeking appropriate orders from this court. It is submitted by the learned counsel for the petitioner that similar writ petition being WP(C) No. 7711/2016 was disposed of by the co-ordinate bench of this court, which went on appeal being W.A. No. 206/2018 and the Division Bench by judgment and order dated 25.08.2022 remanded the matter back to the co-ordinate bench for re-hearing and deciding the mater on merit. Pursuant to the order of the Division Bench, the co-ordinate bench heard the matter again and disposed of the writ petition Page No.# 6/7 with the following directions. "21. As can be seen from the contention of the learned counsels for the parties and the contents of the preceding paragraphs, the only issue left to be decided is as to whether the petitioners are entitled to the payment of minimum scale of pay in terms of the judgment of the Division Bench of his Court in W.A. No. 45/2014. In this respect, it has to be first noted that no prayer to the said effect has been made by the petitioners in the writ petition.

¶22Be that as it may, paragraph No. 22 of the Division Bench Judgment & Order dated 08.06.2017 passed in W.A. No. 45/2014 gives a direction to the State Government to pay minimum of the pay scale to Muster Roll Workers, Work-Charged Workers and similarly placed employees working since the last more than 10 years (not in sanctioned post) in light of the decision of the Apex Court in State of Punjab Vs. Jagjit Singh, reported in (2017) 1 SCC 148.

¶23As it appears, most of the petitioners have been engaged by the Hospital Management Society and not by the State Government, and only 5 out of the 29 writ petitioners are being given fixed wages. Accordingly, this Court is of the view that the concerned Hospital Management Committee/State respondents will have to consider the giving of minimum scale of pay to the petitioners, provided they are still working in the two Hospitals and are entitled to the same. Consequently, the petitioners are given the liberty to submit individual representations to the Superintendent of the two Hospitals, with regard to their claim for payment of the minimum scale of pay. The concerned Superintendent, being the Member Secretary of the concerned Hospital Management Committee, shall thereafter place the same before the appointing authority, who shall thereafter consider the case of the petitioners, with regard to payment of the minimum scale of pay and make due payment, if they are entitled to the same. The petitioners should submit their individual representations within three weeks from today. Thereafter, the decision/s on the petitioners' representations should be made within a further period of 3 (three) months from the date of receipt of a certified copy of this order and the petitioners' representations."

Learned counsel for the parties submits that the issues involved in the present writ petition are squarely covered by the judgment and order dated 10.11.2022 passed in WP(C) No. 7711/2016. Accordingly, in terms of the judgment and order dated 10.11.2022 passed in WP(C) No. 7711/2016, the present writ petition is also allowed directing the Page No.# 7/7 respondents to determine the entitlement of the minimum scale of pay required to be paid to the petitioners and thereafter take appropriate steps to release the same, if found to be payable to the petitioner. The petitioners are at liberty to approach the concerned authority by filing necessary representations along with a certified copy of this order. The writ petition is disposed of in terms of the above. No order as to costs. JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010101402022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5147/2022o RANJIToDASoANDo13oORSo S/OoLATEoSUKUMARoDAS,oR/OoHOSPITALoROAD,oLALAoWARDoNO.oVIII,o P.O.-LALA,oP.S.-LALA,oDIST-HAILAKANDI,oASSAM,oPIN-788163 2:oLAKSHMIoRANIoDASo@oLAKHIoRANIoDAS oW/OoMONORANJANoDAS oVILL-CHANDRAPURoPT.-I oP.O.-CHANDRAPUR 3:oATABURoRAHMANoBARBHUIYAN oS/OoABDULoJALILoBARBHUIYAN oVILL-NORTHoNARAINPURoPT.I oP.O.-NORTHoNARAINPUR oP.S.-ALGAPUR 4:oSUPARNAoDEY oD/OoNARESHoCHANDRAoDEY oVILL-NARIANPURoPT- oP.O.-NORTHoNARAINPUR oP.S.-ALGAPUR 5:oANOWARAoBEGUMoLASKAR oD/OoKHALILURoRAHMANoLASKAR oVILL-MOHANPURoPT-I oP.O.-MOHANPUR oP.S.-ALGAPUR PageoNo.#o2/7 6:oSUJIToBASFOR oS/OoSONIKAoBASFOR oVILL-CHANDIPURoTE oP.O.-CHANDIPUR oP.S.-ALGAPUR 7:oFAJALoAHMEDoLASKAR oS/OoALATEoTAHIRoALIoLASKAR oVILL-ALGAPUR-I oP.O.-KALIBARIBAZAR oP.S.-ALGAPUR 8:oASHUoBASFOR oS/OoSHITALoPRASADoBASFOR oVILL-CHANDIPURoTE oP.O.-CHANDIPUR oP.S.-ALGAPUR 9:oMASUKoAHMEDoMAZUMDAR oS/OoABDULoHASIMoMAZUMDAR oVILL-CHIPORSANGAN-II oP.O.-CHIPORSANGAN oP.S.-ALGAPUR 10:oBAPPIoDEY oS/OoLATEoBENUoMADHABoDEY oVILL-KALINAGARoPART-I oP.O.-KALINAGAR 11:oRAJENDRAoKUMARoDEB oS/OoLATEoJATINDRAoKUMARoDEB oVILL-KALINAGARoPART-I oP.O.-KALINAGAR 12:oSAMARENDRAoSINGHA PageoNo.#o3/7 oS/OoMANIDHANoSINGHA oVILL-NITYANANDAPURoII oP.O.-NITYANANDAPUR oP.S.-LALA 13:oGHANASHYAMoBHOR oS/OoROMESHoBHOR oVILL-NUNAIKHAL oP.O.-VERNERPUR oP.S.-LALA 14:oMANKUoDEY oS/OoMANIKoRANJANoDEY oVILL-oLALPANI oP.O.-BARTHAL oP.S.-LALA oDIST-oHAILAKANDI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo11oORSo REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oDISPUR,o GUWAHATI-06 2:THEoDIRECTORoOFoHEALTHoSERVICES oHENGRABARI oGUWAHATI-36 3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oHAILAKANDI oPIN-788155 4:THEoDEPUTYoSUPERINTENDENT oLALAoBPHC oHAILAKANDI oPIN-788163 PageoNo.#o4/7 5:THEoDEPUTYoSUPERINTENDENT oNORTHoNARAINPURoNPHC oHAILAKANDI oPIN-788801 6:THEoDEPUTYoSUPERINTENDENT oMOHANPURoCHC oHAILAKANDI oPIN-788150 7:THEoDEPUTYoSUPERINTENDENT oALGAPURoBPHC oHAILAKANDI oPIN-788150 8:THEoDEPUTYoSUPERINTENDENT oCHIPORSANGANoNPHC oPIN-788801 9:THEoDEPUTYoSUPERINTENDENT oSOROJANIoBPHC oHAILAKANDI oPIN-788801 10:THEoDEPUTYoSUPERINTENDENT oNITYANANDAPURoS.D oPIN-788168 11:THEoDEPUTYoSUPERINTENDENT oVERNERPURoNPHC oHAILAKANDI oPIN-788167 12:THEoDEPUTYoSUPERINTENDENT Page No.# 5/7 BILAIPUR MPHC HAILAKANDI DIST-HAILAKANDI ASSAM PIN-78811 Advocate for the Petitioner : MR. M DASGUPTA Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA