A casual worker in the Forest Department sought equal fixed pay remuneration. The Court directed the Principal Secretary to include the petitioner's name expeditiously within six weeks, pending regular consideration of his file.
Principal Secretary to consider the case for inclusion as a Fixed Pay worker within 6 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010152362020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4572/2020
SUNDHAN PATGIRI S/O LATE BALU PATGIRI
VILLAGE BELOGURI, PO AND PS BOKAKHAT, DIST GOLAGHAT, ASSAM 785612
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY.ENVIRONMENT AND FOREST DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI 6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI 37
4:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE) AND CHIEF WILDLIFE WARDEN ASSAM PANJABARI GUWAHATI 37
5:THE DIRECTOR
KAZIRANGA NATIONAL PARK AND TIGER RESERVE BOKAKHAT DIST GOLAGHAT ASSAM 785612
6:THE FOREST RANGE OFFICER
Page No.# 2/3
BURAPHAR WILDLIFE RANGE GHORAKATI BOKAKHAT GOLAGHA
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : SC, FOREST
BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
09.12.2020
Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner as well as Mr. D. Gogoi, learned counsel representing respondent nos.1, 3, 4, 5 and 6. Mr. B. Gogoi, learned counsel appears for respondent no.2.
Having regard to the instructions obtained by Mr. D. Gogoi pursuant to the earlier order of this Court dated 23.11.2020 and, as agreed to by the counsels for the parties, this writ petition is taken up for final disposal at the Motion stage itself.
The petitioner is a Casual Worker who was so recruited in the year 1992 in the capacity of Crop Protection Squad at the Kaziranga National Park under the Department of Forest, Assam. It is stated that following the judgment and order passed by this Court in WA 45/2014 (State of Assam vs. Upen Das and Others), persons similarly situated and employed as Casual Workers have been allowed to draw fixed pay remuneration of Rs.15,900/- along with applicable DA and Medical Allowances. This was done having regard to the Notification issued by the Finance Department dated 03.10.2019, in compliance of the judgment and order passed in WA 45/2014.
Grievance expressed is that fixed pay of the petitioner is stagnating at Rs.9,000/- per month and has not been enhanced to Rs.15,900/- etc., as has been provided to persons similarly situated Casual Workers.
Page No.# 3/3
Drawing attention to the letter dated 23.01.2020 (Annexure-5 to the writ petition), Mr. D. Gogoi submits that in respect of the petitioner, who is a left out Casual Worker, process has already been initiated for inclusion of his name as Fixed Pay worker and, as on date, consideration of the same is pending before the Principal Secretary to the Government of Assam, Environment and Forest Department. It is stated that the matter was forwarded to the said Principal Secretary on 06.10.2020. If this be the factual position, there can be no reason for the Principal Secretary to the Government of Assam, Environment and Forest Department to delay consideration of the case of the petitioner for inclusion of his name as a Fixed Pay worker, subject to fulfillment of all other conditions.
In the above view of the matter, let the required exercise be completed by the Principal Secretary to the Government of Assam, Environment and Forest Department as expeditiously as possible, preferably within an outer limit period of 6 (six) weeks from today.
On the above, writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, a left-out casual worker, be remedied to the fixed pay scales accorded to similarly situated workers.
Colour shows how this judgement treated each authority
State of Assam vs. Upen Das and OthersReferred¶26
WA 45/2014 (State of Assam vs. Upen Das and Others)
Sundhan PatGiri S/o late Balu Patgiri
The State of Assam
Manojit Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
