Shri Sunil Kumar Roy @ Sunil Ch. Roy v. State of Assam and 7 Ors

JUDGMENT & ORDER

Heard Shri BK Das, learned counsel for the petitioner and Shri P Nayak, learned Standing Counsel, BTC. Also heard Shri R Dhar, learned Standing Counsel, WPT&BC Department as well as Shri A Chaliha, learned Standing Counsel, Finance Department, Assam.

¶2Considering the subject matter in dispute and as agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the admission stage.

¶3As per the facts projected in the writ petition, the petitioner was engaged as a part-time Sweeper in the office of the Sub-Divisional Welfare Officer, Gossaigaon on

01.03.2000. The petitioner claims to be working continuously thereafter and was paid wage @ of Rs. 3000/- w.e.f. September, 2021. The claim of the petitioner is based on a notification of the Finance Department dated 03.10.2019 as per which, fixed pay / remuneration on the dearness allowance was held to be admissible with revision of pay as per the judgment rendered by the Hon'ble Division Bench in the case of State of Assam Vs. Upen Das, reported (2017) 4 GLR 493. In the case of Upen Das (supra), while the claim for regularization of service of Work Charged, Muster Roll and Casual Workers was negated, minimum scale of pay was directed to be given to them.

¶4Shri Das, learned counsel for the petitioner has submitted that the date of the Page No.# 4/6 appointment being 01.03.2000, the petitioner meets the requirement of getting the benefit of minimum pay scale as laid down in paragraph 22 of the case of Upen Das (supra). It is submitted that the petitioner has completed more than 10 years as on the date of passing of the judgment of Upen Das (supra).

¶5Shri Nayak, learned Standing Counsel, BTC has, however, points out that the case of Upen Das (supra), the benefits of minimum pay scale were given to the Muster Roll and Work Charged workers and similarly placed employees. He submits that the petitioner was appointed as a part-time basis and would not come under ambit of the notification dated 03.10.2019.

¶6Shri Dhar, learned State Counsel and Shri Chaliha, learned Standing Counsel, Finance Department endorse the submissions of Shri Nayak, learned Standing Counsel, BTC.

¶7The petitioner was admittedly appointed on 01.03.2000 which, however, was on part-time basis at a fixed salary of Rs.600/- per month. The petitioner has been presently getting a fixed pay of Rs. 3000/- per month. The notification dated

03.10.2019 issued pursuant to the direction of the Hon'ble Division Bench in the case of Upen Das (supra) contemplates a fixed wage / remuneration of Rs. 15,900/- with ancillary benefits of pay enhancements along with medical allowance of Rs. 600/- per month. At this stage, it would be relevant to refer to the observations made by the Hon'ble Division Bench in the case of Upen Das (supra):

"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 Page No.# 5/6 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 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."

¶8In the instant case, the induction of the petitioner in service was on 01.03.2000. The intention of the Hon'ble Division Bench in the case of Upen Das (supra) while rejecting the claim for regularization was to give certain benefits so far as the minimum pay scale is concerned. The use of the expression "similarly placed employees" would indicate that even a part-time employee who was continuously working for a period of more than 10 years as on 01.08.2017 is to be given such benefits. In any case, the State Government in the Finance Department had issued the notification on 03.10.2019 to give such benefits. Depriving the petitioner from such benefits on the only ground that his appointment was on part-time basis may not be fair, more so when it is not in disputed that the employment was continuous.

¶9In that view of the matter, it is directed that the benefits of the notification dated 03.10.2019 which was issued as per the direction of this Court in the case of Upen Das (supra) is to be given to the petitioner. Such benefits would accrue from the date when the benefits were given to the other Muster Roll and Work Charged Page No.# 6/6 employees.

¶10The writ petition accordingly stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010145852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o WP(C)/3915/2023 SHRIoSUNILoKUMARoROYo@oSUNILoCH.oROY S/OoGEDAMoKR.oROY oR/OoVILL-oMECHPARA oP.O.-DINGDINGA oDIST-oKOKRAJHAR oASSAM oPIN-783332 oVERSUS STATEoOFoASSAMoANDo7oORS REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oWPToANDoBCoDEPARTMENT oJANATAoBHAWAN oDISPUR oGUWAHATI-06 2:JOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oWPToANDoBCoDEPARTMENT JANATAoBHAWAN oDISPUR oGUWAHATI-06 o3:PRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT JANATAoBHAWAN oDISPUR oGUWAHATI-06 o4:JOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEo(EC-II)oDEPARTMENT ASSAM oDISPUR Page No.# 2/6 GUWAHATI PIN-781006 5:THE DIRECTOR OF WPT AND BC DEPARTMENT RUKMINI NAGAR GUWAHATI PIN-781006 ASSAM 6:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370 7:THE JOINT SECRETARY WPT AND BC DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370 8:TH SUB-DIVISIONAL WELFARE OFFICER GOSSAIGAON KOKRAJHAR ASSAM PIN-783360 ------------ Advocate for : MR. B K DAS Advocate for : SC WPT AND BC appearing for STATE OF ASSAM AND 7 ORS BEFORE HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI For the Petitioner : Shri BK Das, Advocate, Shri HP Guwala, Advocate. For the Respondents : Shri P Nayak, SC, BTC, Shri R Dhar, SC, WPT&BC Deptt., and Shri A Chaliha, SC, Finance Deptt., Assam. Page No.# 3/6 Date of Hearing : 31.07.2024. Date of Judgment : 31.07.2024.