Disposed

Durlove Gohain and 20 Ors. v. the State of Assam and 5 Ors.

Gauhati HC1 Sept 2024WP(C)/1123/2024

Case brief

AI extract

What is this about?

The Gauhati High Court directed the Principal Chief Conservator of Forest to constitute a committee to verify the claims of casual workers in Kaziranga National Park for minimum scale of pay and to grant the pay if they qualify within three months.

What did the court decide?

Directions to PCCF to place matter before a constituted committee to verify claims of casual workers for minimum scale of pay, to be completed within 3 months.

Durlove Gohain and 20 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2024)

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GAHC010033762024

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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)/1123/2024

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DURLOVE GOHAIN AND 20 ORS. S/O BICHITRA GOHAIN R/O VILLAGE-AGORATOLI, P.O.-KAZIRANGA NATIONAL PARK DISTRICT-GOLAGHAT, ASSAM.

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2: BOLIN BORAH S/O HEMANTA BORA R/O VILLAGE-KORDOI GURI GAON P.O.-GOWAL GAON P.S.-GAROMUR

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DISTRICT-JORHAT ASSAM.

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3: RENUMONI DAS D/O LATE KATIRAM DAS R/O VILLAGE AND P.O.- BAGORI

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P.S.-JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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4: BHARAT GOGOI S/O BHADRESWAR GOGOI R/O VILLAGE AND P.O.-BAGORI P.S.-JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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5: BIDUR SAIKIA S/O LATE KANPAI SAIKIA

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Page No.# 2/8

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R/O VILLAGE AND P.O.-BAGORI P.S.-JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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6: KINA RAM NATH S/O UMA KANTA NATH R/O VILLAGE AND P.O.-BAGORI P.S.-JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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7: AMULYA URANG S/O LATE HIRALAL URANG

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R/O VILLAGE AND P.O.-BAGORI

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P.S.- JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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8: JOY PRAKASH THAKUR S/O DINESH THAKUR R/O VILLAGE AND P.O.-BAGORI

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P.S.-JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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9: PRADIP GOGOI S/O BUDDESWAR GOGOI @ PUNA GOGOI R/O VILLAGE AND P.O.-BAGORI

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P.S.-JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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10: BIKRAM BARUAH S/O GOLAP CH. BARUAH R/O VILLAGE-BAGHMARI

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P.S.-KALIABOR

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Page No.# 3/8

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DISTRICT-NAGAON ASSAM.

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11: AKKEL ALI S/O LATE HUSSAIN ALI R/O VILLAGE-RANGOLU PAHARGURI

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P.O. AND P.S.- JAKHALABANDHA

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DISTRICT-NAGAON ASSAM.

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12: RATUL GOGOI S/O LATE SUREN GOGOI R/O VILLAGE-MOHPARA (DAWGAON) P.O.-KAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM.

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13: SAMSON ENGTI S/O LATE NAGEN ENGTI R/O VILLAGE-PILKHANA KOHORA

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P.O.-KAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM.

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14: ANANTA GONAK S/O LATE ROMIO GONAK R/O VILLAGE- KOHORA NO. 2

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P.O.-KAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM.

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15: HEMAPRABHA BORAH D/O LATE MIHIRAM BORAH VILLAGE-TAMULI PATHER GAON

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P.O.-BORJURI P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM.

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16: GONESH RABHA S/O LATE BHADHESWAR RABHA R/O VILLAGE-KOHORA

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P.O.-KAZIRANGA NATIONAL PARK

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DISTRICT-GOLAGHAT ASSAM.

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17: HIRALAL LUHAR S/O LATE POTI LUHAR

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R/O NO. 1 KOHORA

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P.O.-KAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM.

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18: MANOJ DORJI S/O LATE HARKA BAHADUR DORJI R/O VILLAGE- KOHORA

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P.O.-KKAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM.

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19: PRODIP KARMAKAR S/O LATE MOHESH KARMAKAR

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R/O VILLAGE-KOHORA

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P.O.-KAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT

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DISTRICT-GOLAGHAT ASSAM. 20: TILESWAR MAZHI S/O LATE DUKHU MAZHI R/O VILLAGE-KOHORA NO. 1 P.O.-KAZIRANGA NATIONAL PARK

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P.S.-BOKAKHAT DISTRICT-GOLAGHAT ASSAM. 21: SUNIL BHAKTA S/O LALIT BHAKTA R/O VILLAGE AND P.O.- MOHPARA

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P.S.-BOKAKHAT DISTRICT-GOLAGHAT ASSA VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, ENVIRONMENTAL AND FOREST DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 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.

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5:THE DIVISIONAL FOREST RANGE OFFICER

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EASTERN ASSAM WILDLIFE DIVISION BOKAKHAT DISTRICT-GOLAGHAT ASSAM PIN-785612. 6:THE FOREST RANGE OFFICER WESTERN RANGE BAGORI BOKAKHAT DISTRICT-GOLAGHAT ASSAM PIN-785612

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Advocate for the Petitioner : MR F U BARBHUIYA, MS S DAS

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Advocate for the Respondent : SC, FOREST, SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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02.09.2024

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1 . Heard Mr. F.U. Barbhuiya, learned counsel appears for petitioners. Also heard Mr. I. Borthakur, learned Standing Counsel for the Forest Department. Mr. R. Borpujari, learned Standing Counsel, Finance Department appears for the respondent no.2

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2 . Mr. F.U. Barbhuiya, learned counsel submits that the petitioners by filing this writ petition seek for a direction to the respondent authorities to pay them the minimum scale of pay, in terms of the judgment rendered by this Court in

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the case of State of Assam vs. Upen Das , reported in (2017) 4 GLR 493 . He submits that the petitioners have been working as Casual Workers in Kaziranga National Park for more than 10 years and despite having approached the respondent authorities on several occasions, they have not been given the benefit of minimum scale of pay.

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3 . Mr. I. Borthakur, learned Standing Counsel for the Forest Department submits that there is a Committee formed by the Principal Chief Conservator of Forest (in short PCCF) to verify the eligibility of the Casual Workers, who will be entitled to get the minimum scale of pay and therefore, if the petitioners approach the said Committee through the PCCF, their case may be considered.

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4 . To this submission, Mr. F.U. Barbhuiya, learned counsel for the petitioners submits that the Divisional Forest Officer (in short DFO), Eastern Assam Wild Life Division, Bokakhat had in fact written to the PCCF on 30.11.2021 (Annexure-7) stating that as many as 31 numbers of Casual Workers have been working regularly. The learned counsel submits that the 21 petitioners are also amongst the 31 Casual Workers who have been said to have worked regularly. The learned counsel submits that as per the said communication dated 30.11.2021, the name of the petitioners find place at Sl. Nos.2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 24, 1, 26, 27, 28, 29, 30 & 31 respectively. He therefore submits that the respondent authorities may be directed to grant the petitioners the minimum scale of pay to the petitioners.

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5 . Having regard to the claim made by the petitioners and the names having

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been forwarded by the DFO concern before the PCCF on 30.11.2021, the PCCF shall place the matter before the constituted Committee to verify the claims of the petitioners and in the event, the petitioners qualify for the grant of minimum scale of pay, the same should be given to them without further delay. The petitioners shall submit a copy of this writ petition before the respondent no.3 (PCCF) who shall do the needful, in terms of the direction passed hereinabove. The exercise should be done and completed within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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6 . The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Durlove Gohain and 20 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Durlove Gohain and 20 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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