Jitu Sarma and 6 Ors v. The State of Assam and 5 Ors

ORDER Date : 18/12/2023

Heard Mr. N.N.B. Choudhury, learned counsel for the petitioners. Also heard Mr. C. S. Hazarika, learned Government Advocate and Mr. B. Gogoi, learned standing counsel, Finance.

¶2This writ petition is filed by the petitioners who are employed as Grade-IV employees (Peon/cleaner) under the Department of the Commissioner to the Government of Assam, Secretariat Administration (Nazarat) Department, Dispur. Page No.# 4/6 The petitioners have been continuously working for more than 10 years. The petitioners are before this Court, seeking directions for regularization of their services. However, during the course of the arguments Mr. N.N.B. Choudhury, learned counsel for the petitioners submits that at this stage the writ petitioners want to rely on the Judgment passed by the Division Bench of this Court rendered in W.A. No.45/2014 (the State of Assam and Ors. Vs Upen Das and Ors.) disposed of on 08.06.2017.

¶3The learned counsel for the petitioners submits that in terms of this Judgment giving the question of regularization open to be decided in an appropriate matter, this Court can directs the respondents to consider the claims for payment of minimum of the pay scale, which the petitioners claim to be entitled to in terms of the Judgment rendered by the Division Bench of this Court.

¶4Mr. B. Gogoi, learned standing counsel, Finance department represented the respondent Nos. 1, 2, 3, 5 and 6 and Mr. C. S. Hazarika, learned Government Advocate represents respondent No.4 jointly submits that the matter will require examination to see whether the claims of the petitioners can be redressed in terms of the Judgment rendered in Upen Das (supra).

¶5Having heard the learned counsels for the parties and upon careful perusal of the pleadings on record including the Judgment dated 08.06.2017 passed in Upen Das (supra), this court is of the view that if the claim for regularization of the petitioner is not pressed at this stage and the only limited prayer of the petitioner is for a direction to pay the minimum of the pay scale, then the matter stands covered in terms of the directions contained in paragraph 22 of the Judgment of Upen Das (supra). The claim for regularization of the services of the writ petitioners having not perused at this stage, is left open to be Page No.# 5/6 decided in an appropriate proceeding, if so advised. For convenience paragraph 22 of the Judgment rendered in Upen Das (supra) is extracted 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 as 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."

¶6The writ petition, therefore, stands closed with a direction to the respondent No.1, namely, the Department of the Commissioner and Secretary to the Government of Assam, Secretariat Administration (Nazarat) Department, Dispur to examine the claim of the petitioners in respect of their entitlement for being paid the minimum of the pay scale in terms of the Judgment of the Division Bench of this Court rendered in Upen Das (supra) and thereafter if the claim of the petitioners are found to be genuine then the benefits that will accrued to the petitioners in terms of the said Judgment should be released expeditiously.

¶7Accordingly, the department will now examine the individual prayers of the writ petitioners and thereafter pass a speaking order and thereafter, if found to Page No.# 6/6 be entitled, their benefits as prayed for shall be released.

¶8This exercise shall be completed within a period of 60 (sixty) days from the date of receipt of a certified copy of this order to be submitted by the petitioners.

¶9Writ petition accordingly stands disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010207792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5431/2023o JITUoSARMAoANDo6oORS.o S/O-oLATEoGOBINDAoSARMA,oR/O-o247,oHENGRABARIoMAINoROAD,oNEARo SANKARoNAMGHAR,oP.S.oDISPUR,oGUWAHATI-781006,oDIST.oKAMRUP(M),o ASSAM 2:oKABINoDAS oS/O-oLATEoSIDDHESWARoDAS oR/O-o10 oOPPOSITEoOFoGUYNJANoJAYAoENCLAVE oKAHILIPARA oUDALBAKRA oP.S.oDISPUR oGUWAHATI-781019 oDIST.oKAMRUP(M) oASSAM 3:oUDOYoNATH oS/O-oLATEoPHUKANoNATH oR/O-oVILL.-oBASACHUBA oP.O.oDHEKIAPARA oP.S.oSIPAJHARo PIN-o784145 oDIST.oDARRANG oASSAM 4:oARCHANAoDAS oD/O-oBRAJAoRAMoDAS oR/O-oASSAMoSECRETARIAT oNEARoDISPURoLAWoCOLLEGE oHARIJANoCOLONY oP.S.oDISPUR oGUWAHATI-781006 oDIST.oKAMRUP(M) oASSAM PageoNo.#o2/6 5:oBIPULoDEKA oS/O-oSRIoNARANATHoDEKA oR/O-oVILL.-oDALLANG oP.O.oPANITEMA oP.S.oKAMALPUR oPIN-o781101 oDIST.oKAMRUP oASSAM 6:oGIRINoCHANDRAoTALUKDAR oS/O-oLOHIToCHANDRAoTALUKDAR oR/O-oVILL.-oGOSAIKHAT oP.O.oSONIADI oP.S.oHAJO oPIN-o781102 oDIST.oKAMRUP oASSAM 7:oMD.oRAKIBUDDINoALI oS/O-oSAFIUDDINoALI oR/O-o157 oKAHILIPARAoDAKHINoGAON oOPPOSITEoBHAGADATAPUR oP.O.oKAHILIPARA oP.S.oDISPURo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oSECRETARIAToADMINISTRATIONo(NAZARAT)o DEPARTMENT,oDISPUR,oGUWAHATI-781006,oDIST.oKAMRUP(M),oASSAM 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oFINANCEo(EC-II)oDEPARTMENT oDISPUR oGUWAHATI-781006 oDIST.oKAMRUP(M) oASSAM 3:THEoDEPUTYoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEo(ESTT-B)oDEPARTMENT oDISPUR oGUWAHATI-781006 oDIST.oKAMRUP(M) Page No.# 3/6 ASSAM 4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-781006 DIST. KAMRUP(M) ASSAM 5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-781006 DIST. KAMRUP(M) ASSAM 6:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 DIST. KAMRUP(M) ASSA Advocate for the Petitioner : MR. N N B CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA