Petitioner muster roll workers claimed pensionary benefits. The High Court held the claim was covered by State of Assam vs. Upen Das where similar claims were rejected, and dismissed the writ petition.
The writ petition is dismissed.
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.
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GAHC010069242024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1946/2024
PRAMOD JAISWAL AND 26 ORS. S/O LATE J.N JAISWAL, R/O MELA ROAD, ITKHOLA MALUGRAM SILCHAR, ASSAM, DIST- CACHAR- 788002.
2: MD. AMINUL HUSSAIN LASKAR C/O ASHIRUDDIN LASAKAR R/O LANE END ROAD SILCHAR
DIST- CACHAR ASSAM PIN 788002.
LATE MAHENDRA CHANDRA BADYAKAR R/O BIDYA SAGAR SARANI SRIRAM
PALLY ROSOBOLA NIBASH RANGIRKHARI SILCHAR DIST- CACHAR ASSAM PIN- 788005.
4: RAJU RAJBONGSHI
S/O LATE GANGARAM RAJBONGSHI R/O SRINAGAR ROAD BYE LANE MALUGRAM SILCHAR
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DIST- CACHAR ASSAM. PIN-788009.
5: SAHAZAN AHMED MAZUMDER
C/O RAJAMONI MAZUMDAR R/O NG 37 MANIPUR ROAD NEARARKATIPUR RONGPUR- PART-1 DIST- CACHAR ASSAM PIN-788009.
6: SHAMSUL ALAM LASKAR
S/O LATE ABDUL KHALIQUE LASKAR R/O GONIRGRAM BTC BURIBALI PART-II DIST- CACHAR ASSAM PIN- 788030. 7: MASUK UDDIN MAZUMDER S/O LATE ALIUR RAHMAN MAZUMDER VTC R/O GOSSAIPUR PART -V
UDHARBOND DIST- CACHAR ASSAM PIN- 788030. 8: MAKHAN KURMI S/O LATE MANILAL KURMI R/O DOYAPUR PART-II
DIST- CACHAR ASSAM PIN- 788030.
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9: HAWATUN NECHA
S/O LATE ABDUL MATLIB BARBUUIYA R/O NIZ JOYNAGAR VTC SILCHAR DIST- CACHAR ASSAM. PIN- 788025. 10: MOINA MIA CHOUDHURY
S/O LATE SANUHAR ALI CHOUDHURY R/O BAGPUR PART-III
DIST- CACHAR ASSAM PIN-788101.
11: NARAYAN GHOSH
S/O LATE MUKUL GHOSH R/O 1ST LINK ROAD NO.6 UTTAR KRISHNAPUR SILCHAR DIST- CACHAR ASSAM. PIN- 788006.
12: GOPAL DAS
S/O LATE DINESH DAS C D HOME MEHERPUR HAILAKANDI ROAD
DIST- CACHAR ASSAM PIN- 788015.
13: ALI AKBAR BAR
S/O LATE ALA UDDIN BARBHUIYA R/O NEAR PHE TUPKHANA PART- 1
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BALIGHAT DIST-CACHAR ASSAM. PIN- 788025.
14: SHEKHAR CHANDRA DAS
S/O LATE SUDHIR CHANDRA DAS R/O TIKAGRAM KUMAR PARA
MASIMPUR ARUNACHAL SILCHAR CACHAR ASSAM. PIN- 788025.
15: TAPAN KUMAR DEB
S/O LATE RAMANANDA DEB R/O SADARGHTA BRIDGE RONGPUR PART- IV SILCHAR DIST-CACHAR ASSAM. PIN- 788009.
16: RAJENDRA BARHI S/O LATE KAMOUDH BARHI R/O KASHIPURTE NATUNDAYAPUR
SILCHAR DIST- CACHAR ASSAM. PIN- 788009.
17: HASI RANI DAS C/O NIRMAL CHANDRA DAS R/O NIZ JOYNAGAR VTC SILCHAR DIST- CACHAR ASSAM. PIN- 788025.
18: MONIZUR RAHMAN CHOUDHURY
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S/O LATE JAIN UDDIN CHOUDHURY VTC BAGPUR PART -III SONAI DIST-CACHAR ASSAM. PIN-788101.
19: TAPAN KUMAR DEY S/O LATE BINAY DEY R/O RONGPUR PART- IV
SILCHAR DIST-CACHAR ASSAM PIN- 788009.
20: HUSSAIN AHMED BARBHUIYA
S/O LATE ABDUL SATTAR BARBHUIYA
R/O VICHINGCHA PART- 1
DIST- HAILAKANDI ASSAM. PIN- 788155.
21: KAMAL UDDIN CHOUDHURY S/O LATE JUNAB ALI CHOUDHURY R/O BICHINGCHA PART-II DIST- HAILAKANDI ASSAM PIN- 788155.
22: JAMAL UDDIN BARBHUIYA S/O LATE ARJUMOND ALI BARBHUIYA
R/O BROJAPUR BAHADURPUR PART-II
DIST- HAILAKANDI ASSAM PIN- 788155.
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23: AFIA BEGUM MAZUMDER
C/O HABIBUR RAHAMAN MAZUMDER
R/O RANGAUTI PART-II
DIST-HAILAKANDI ASSAM PIN - 788155.
24: SAYUR AHMED MAZUMDER
C/O LATE TAZAMULALI MAZUMDER R/O AMJURGHTA SONAI
DIST- CACHAR ASSAM. PIN-788119.
25: SHARIF UDDIN BARLASKAR S/O LATE FIAZ UDDIN BARLASKAR
R/O BARJATRAPUR BORKHOLA
DIST-CACHAR ASSAM. PIN- 788110.
26: RAMDHIN GOUR
S/O LATE DHANURAM GOUR
R/O DAYAPUR PART-II DIST- CACHAR ASSAM PIN- 788030.
27: RAMJANAM RABIDAS
S/O LATE MANAWA RABIDAS
R/O GANGAPUR BADRI PART-IV
DIST- CACHAR ASSAM.
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PIN- 788009
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM,
DISPUR, GUWAHATI -781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
INLAND WATER TRANSPORT DEPARTMENT
DISPUR GUWAHATI - 781006.
3:THE DIRECTOR INLAND WATER TRANSPORT
ASSAM ULUBARI GUWAHATI - 781007
4:THE EXECUTIVE ENGINEER INLAND WATER TRANSPORT CHANDMARI ROAD SILCHAR CACHAR PIN 788003.
5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10.05.2024
Heard Shri B.D. Das, learned Senior Counsel assisted by Shri H.R. Das, learned counsel for the petitioners. Also heard Ms. M. Bhattacharya, learned Addl. Senior Government Advocate for the respondent no. 1, Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respondent nos. 2, 3 & 4 and Shri A. Chaliha, learned Standing Counsel, Finance Department.
2. Considering the subject matter, the stand and the enclosures made in the affidavit-in-opposition filed by the respondent no. 3, this writ petition is taken up for disposal at the motion stage.
3. The petitioners who are 27 in numbers are working as Muster Roll Workers in the Office of the Executive Engineer, IWT, Silchar and they claim to have been appointed in the years, 1993, 1994, and 1995 and have been continuously rendering their service. Though the petitioners admit of being given the due pay as per their Grade, Dearness allowance and Medical Allowances like the regular employees, no pensionary benefits are there. The aforesaid aspect was raised on behalf of the petitioners by the Sodou Assam Karmachari Parishad (SAKP) pursuant to which a meeting was held on 22.09.2023 which was chaired by the Chief Secretary of the State and the other Government officials and the members of the Parishad. One of the specific agenda against Serial No. 18 was on the present claim. The meeting had taken a resolution for examining the matter in the light of the extant guidelines, Office Memorandum issued by the Finance Department from time to time.
4. The learned Senior Counsel has submitted that the aforesaid aspects have not been considered and in the meantime, some of the petitioners are at the verge of the
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retirement. He therefore prays for an appropriate direction.
5. Pursuant to the initial order passed by this Court, the respondent no. 3 has filed an affidavit-in-opposition on 09.05.2024 which has been placed on record.
6. Ms. M. D. Bora, learned Standing Counsel for the Transport Department has submitted that pursuant to the resolution dated 22.09.2023 the matter was examined whereafter an order has been passed on 03.05.2024 whereby it has been held that the claim raised is covered by the judgment of this Court rendered in a case of State of Assam vs. Upen Das reported in 2017 4 GLR 493.
7. The learned Standing Counsel submits that there is a specific reference to the point no. 18 of the meeting held on 22.09.2023 and accordingly the representation submitted by the petitioners in this regard has been disposed of.
8. The contention of the petitioners, in the considered opinion of this Court is the same which was the subject matter before the Hon’ble Division Bench in the case of Upen Das (supra) wherein the claim for pensionary benefits by such persons have been rejected. Further, the directions passed in the case of Upen Das (supra) towards giving a minimum pay scale was upon a concession by this Court as would appear from the observations made in paragraph 22 thereof which is extracted herein 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 a s 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
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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.”
9. The order dated 03.05.2024 apart from not being the subject matter of challenge appears to be clearly in terms and in consonance with the views of the Hon’ble Division Bench in the case of Upen Das (supra) in examining the case of the petitioners.
10. In view of the above, this Court is of the considered opinion that no case for grant of any relief is made out and accordingly the writ petition is dismissed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a writ petition can be allowed for grant of pensionary benefits to muster roll workers.
Whether the claim can be decided in the light of the judgment in State of Assam vs. Upen Das.
Colour shows how this judgement treated each authority
State of Assam vs. Upen DasApplied¶8
State of Assam vs. Upen Das, 2017 4 GLR 493
State of Punjab vs. Jagjit SinghRelied on¶102
State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148 · Who else cites this
Pramod Jaiswal And 26 Ors.
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
