Disposed

Budhon Basfor v. the State of Assam and 4 Ors.

Gauhati HC14 Feb 2020WP(C)/4855/2015

Case brief

AI extract

What is this about?

In a service dispute involving a casual sweeper, the Court held that the petitioner required Finance Department approval to avail enhanced fixed pay under relevant Office Memorandums. The District Judge was directed to submit a proposal within one month for such approval.

What did the court decide?

Directed District Judge to submit proposal to Finance Department within one month for approval of pay enhancement; Finance to decide within one month of receipt.

Budhon Basfor Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2020)

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Page No.# 1/5

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GAHC010119732015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 4855/2015

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1:BUDHON BASFOR

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S/O SRI MAGHNU BASFOR R/O SANTIPUR, WARD NO. 3, P.O. MANGALDOI, DIST. DARRANG, ASSAM, PIN - 784125

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VERSUS

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1:THE STATE OF ASSAM and 4 ORS,

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REP. BY THE SECRETARY, JUDICIAL DEPARTMENT, DISPUR, GUWAHATI781006.

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2:THE SECRETARY JUDICIAL DEPARTMENT DISPUR GUWAHATI- 781006.

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3:THE DISTRICT AND SESSION JUDGE DARRANG MONGOLDOI ASSAM.

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4:THE REGISTRAR GENERAL GAUHATI HIGH COURT GUWAHATI- 781001.

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5:DEPARTMENT OF FINANCE REP. BY THE COMMISSIONER AND SECRETARY DISPUR GUWAAHTI-6

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Advocate for the Petitioner : MR.H NATH

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Advocate for the Respondent : SC, FINANCE

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Page No.# 2/5

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BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

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ORDER

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Date : 14-02-2020

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Though no one appears on behalf of the petitioner, considering the nature of the case, heard Mr. U.K. Nair, learned Senior Counsel appearing for the respondent Nos. 3 and 4 and Ms. Bora, learned counsel appearing for respondent Nos. 1 and 2 and Mr. P. Nayak, learned counsel for respondent No. 5 and the writ petition is being disposed of as follows:-

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2. The petitioner was engaged as a Sweeper with daily wage in the establishment of District & Sessions Judge, Darrang, Mongoldoi vide order No. 127 dated 31.10.1996. Thereafter, vide order dated 29^th July, 2003 issued by the Deputy Secretary to the Government of Assam, Judicial Department, his wage was further enhanced to Rs. 1800/- per month w.e.f. 01.10.1998, with necessary concurrence of Finance Department. Vide order No. 123 dated 7^th September, 2010, issued by the District & Sessions Judge, Darrang, Mongoldoi, his service was converted to full time duties and was paid Rs. 4500/- per month as fixed pay w.e.f. 01.08.2010. In the year 2013, the Govt. of Assam, Finance Department (Estt.-A) vide O.M. No. FEG.54/2008/50, dated 14^th March, 2013 raised the pay of Casual Employees of Assam Secretariat, various District Offices and Offices of the Heads of Department who were appointed on full time basis to Rs. 6000/- per month w.e.f. 01.02.2010. The same was made applicable to the Casual Workers who were appointed before 01.04.1993. However, for those who were appointed thereafter also the same benefit was extended but only with concurrence of Finance Department. Thereafter, by vide O.M. No. FEG. 54/2008/79 dated 19^th January, 2015 issued by the Secretary to the Govt. of Assam, Finance (ESTT-A) Department the fix pay of Casual Workers were further enhanced. The Office Memorandum is reproduced herein below:-

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Page No.# 3/5

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“ GOVERNMENT OF ASSAM FINANCE (ESTT-A) DEPARTMENT DISPUR, GUWAHATI-6 .

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OFFICE MEMORANDUM

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No. FEG. 54/2008/79 Dated Dispur the 19^th January, 2015

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Sub: Revision of fixed pay/consolidated pay admissible to Casual Employees & Bungalow Peons.

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Ref: O.M. No. FEG.54/2008/50 dated 14-03-2014 and FEG.54/2008/49 dated 14-03-2014.

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The Governor of Assam is pleased to revise the monthly fixed pay off the fixed pay Casual Employees and the monthly consolidated pay of Bungalow Peons from the existing rates of Rs. 6,000/- p.m. and Rs. 5,000/- p.m. respectively as shown below.

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Category		Service len	gth
	Less than 10 years as on 01-04-2014	10 years but less than 20	20 years or above as on 01-
		years as on 01- 04-2014	04-2014
Fixed pay of Casual	Rs. 6,500/-p.m.	_Rs. 6,750/-p.m. _	Rs. 7,000/-p.m.
Employees on full time employment
Consolidated pay of	Rs. 6,500/-p.m.	_Rs. 6,750/-p.m. _	Rs. 7,000/-p.m.
Bungalow Peon on full time employment

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The above enhancement will be subject to following conditions:

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i) The enhanced fixed pay would be applicable only to fixed pay casual employees appointed before 01-04-1993 and those appointed thereafter with the concurrence of the Finance Department and also to Bungalow Peons.

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ii) The fixed pay Casual Employees should have been continuously engaged.

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iii) The fixed pay Casual Employees/Bungalow Peons should be engaged on whole time basis.

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iv) The fixed pay Casual Employees should be working in Assam Secretariat/office of the HODs/District office. Bungalow Peons should be working with the entitled officers. The Casual Employees/ Bungalow Peons drawing pay/wages from grant-in-aid/own revenue of the Autonomous Societies /Boards /Autonomous Institutions/PRIs/ULBs etc. who have been appointed by these organizations without the concurrence or the Finance Department will not be covered and decision of enhancement would depend on the revenue generating capacity of concerned organizations. The Administrative Department shall have to take a decision, if revenue of the organization so allows

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Page No.# 4/5

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without any additional grant-in-aid from the Centre/State Government.

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v) No other allowance will be admissible over the fixed pay.

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vi) The rates of fixed pay/consolidated pay as mentioned in this O.M. will not be applicable to those employees/workers who are entitled to rates fixed by Labour & Employment Department under the Minimum Wages Act, 1948.

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vii) The revised rates will be effective from 01-04-2014.

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viii) The senior most Secretary of the concerned Administrative Department shall be responsible to ensure compliance of above conditions.

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Secretary to the Govt. of Assam Finance (Estt-A) Department Dispur,Guwahati-6.”

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3. The petitioner was not given the benefit of the pay enhancement as per the two Office Memorandums stated above since his appointment or engagement was after 01.04.1993. Being aggrieved the petitioner is before this Court praying for issuance of appropriate writ or direction or order directing the respondents to extend the benefits as given in the two Office Memorandums.

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4. Mr. Nair, learned Sr. Counsel submits that the petitioner was not given the benefits of the two memorandums since his appointment as indicated in the order dated 30^th November, 1999 was issued only on 31.10.1996. However, the benefits can be extended provided approval of finance as indicated in the two memorandums is obtained.

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5. On perusal of the two memorandums and perusal of the order dated 30^th November, 1999 issued by the District & Sessions Judge, Darrang, Mongoldai, (Annexuer-1 of the writ petition), it appears that for the petitioner to enjoy the benefits as given in the two memorandums the approval of Finance Department is required. Therefore, the District & Sessions Judge, Darrang, Mongoldoi is directed to submit a proposal to the Judicial Department/i.e. respondent No. 2, so that approval of finance can be obtained. The District & Sessions Judge, Darrang, Mongoldoi shall do the needful within a month from the date of receipt of a copy of this order. On receipt of the proposal, the respondent No. 5 shall consider the same in terms of the conditions given in the two memorandums stated above and thereafter convey the approval to the learned District & Sessions Judge, Darrang within a period of 1(one) month from the date of receipt of the proposal. In case any further enhancement has been made by any notification or memorandum subsequent to the Office

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Memorandum dated 19^th January, 2015, the learned District & Sessions Judge, Darrang, Mongoldoi shall also include the same in his proposal.

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JUDGE

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Comparing Assistant

Budhon Basfor v. the State of Assam and 4 Ors.

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Budhon Basfor v. the State of Assam and 4 Ors.

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