Disposed

Dinga Nampui and 3 Ors. v. the State of Assam and 2 Ors.

Gauhati HC14 Feb 2020WP(C)/5227/2015

Case brief

AI extract

What is this about?

The Gauhati High Court directed Respondent authorities to extend welfare benefits, including insurance schemes and minimum pay scales for 'Muster Roll' workers, to the petitioners based on a Superior Court judgment in a related writ petition.

What did the court decide?

Direction to respondent authorities to extend benefits mentioned in WA No. 45/2014, including insurance and minimum pay, to petitioners after verification.

Dinga Nampui and 3 Ors. Vs the State of Assam and 2… — Service and Employment | Gauhati HC (2020)

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GAHC010120322015

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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) 5227/2015

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1:DINGA NAMPUI and 3 ORS

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S/O LT. LIANE NAMPUI, VILL. and P.O. SANGBAR, DIST- DIMA HASAO

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2: LALKHUPA THAITE S/O LT. LIANA THAITE VILL. and P.O. SANGBAR DIST- DIMA HASAO

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3: CHUNGKHUPA DARNEI S/O LT. HAIA DARNEI VILL. and P.O. SANGBAR DIST- DIMA HASAO

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4: HAIDUOBUING JEME S/O LT. NSAMLANG JEME VILL. CHAIKAM P.O. HAFLONG DIST- DIMA HASA

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VERSUS

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1:THE STATE OF ASSAM AND 2 ORS

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REP. BY THE COMMISSIONER AND SPECIAL SECY. TO THE GOVT. OF ASSAM, PWD ROADS, ASSAM, DISPUR, GHY-6

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2:THE CHIEF ENGINEER PWDROADS ASSAM CHANDMARI GHY-6

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3:THE EXECUTIVE ENGINEER PWDRandB HAFLONG DIVISION

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HAFLONG DIST- DIMA HASA

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Advocate for the Petitioner : MR.J DAS

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Advocate for the Respondent :

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BEFORE

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HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

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ORDER

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Date : 14-02-2020

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Heard Mr. A. Das, learned counsel who appears on behalf of the petitioners and also heard Mr. P. Naik, learned counsel appearing for respondent Nos. 1 & 2 and Ms. A. Neog, learned counsel who appears for the respondent No. 3.

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The petitioners are before this Court praying for regularisation of their services. They were appointed as muster roll workers under the Executive Engineer, PWD (R & B), Haflong Division on the dates given against their name here below :-

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Date of Joining. Petitioner No. 1 ... 01.08.1989 Petitioner No. 2 ... 01.12.1977 Petitioner No. 3 ... 01.04.1985 Petitioner No. 4 ... 01.04.1985

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It is submitted by both the learned counsels that regularisation of Muster Roll workers have been stopped in view of the order dated 08.06.2017 passed in WA No. 45/2014. However, certain benefits which the State Government has agreed to extend may be given to them. The learned counsels referred to paragraph 22 of the said judgment which reads as follows :-

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“ 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 or 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.”

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It is submitted by Mr. Naik, learned counsel that the same benefits may be extended to the

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petitioners after verification. The learned counsel for the petitioners submitted that the petition may be disposed of in terms of the submission made by Mr. Naik.

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In view of the submissions of the learned counsels appearing for both the parties, this writ petition is disposed of with the direction to the respondent authorities to extend the benefits mentioned in paragraph 22 of the judgment and order dated 08.06.2017 passed in WA No. 45/2014 to the petitioners after due verification.

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The writ petition stands disposed.

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Comparing Assistant

Dinga Nampui and 3 Ors. v. the State of Assam and 2 Ors.

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Dinga Nampui and 3 Ors. v. the State of Assam and 2 Ors.

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