Disposed

Sanjoy Das v. the State of Assam and 7 Ors.

Gauhati HC10 Sept 2024WP(C)/2646/2023

Case brief

AI extract

What is this about?

The petitioner sought benefits for casual workers. The court directed the Principal Chief Conservator of Forests to place the petitioner's claim before the Verification Committee within three weeks and, if eligible, grant minimum scale pay and consequential benefits within one month.

What did the court decide?

Relegation of matter to the Principal Chief Conservator of Forests for verification. Direction to grant minimum scale pay and consequential benefits within one month if the petitioner is found eligibl

Sanjoy Das Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010094412023

¶3

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

¶4

Case No. : WP(C)/2646/2023

¶5

SANJOY DAS S/O- LT. SAMARJIT DAS, VILLAGE- SADARASHI, P.O.- SADARASHI, P.S.- KARIMGANJ, DISTRICT- KARIMGANJ, ASSAM, PIN- 788709.

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI- 781006.

¶8

2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI

¶9

GUWAHATI- 781037.

¶10

3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (AFFTN)-CUMCHAIRMAN

¶11

COMMITTEE FOR VERIFICATION OF THE STATUS OF LEFT OUT CASUAL WORKERS

¶12

O/O. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM

¶13

Page No.# 2/4

¶14

ARANYA BHAWAN PANJABARI GUWAHATI- 781037. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (T) LOWER ASSAM ZONE GUWAHATI- 781001. 5:THE CHIEF CONSERVATOR OF FORESTS SOUTHERN ASSAM CIRCLE SILCHAR DISTRICT- CACHAR ASSAM PIN- 788001.

¶15

6:THE DIVISIONAL FOREST OFFICER KARIMGANJ FOREST DIVISION P.O.- KARIMGANJ DISTRICT- KARIMGANJ ASSAM PIN- 788710.

¶16

7:THE RANGE OFFICER SADAR RANGE KARIMGANJ P.O.- KARIMGANJ DISTRICT- KARIMGANJ ASSAM PIN- 788710.

¶17

8:THE FINANCE DEPARTMENT GOVT. OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY ASSAM DISPUR GUWAHATI- 781006

¶18

Advocate for the Petitioner : MR S CHAUHAN, MR N ALAM,MR. P MAZUMDER

¶19

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

¶20

Page No.# 3/4

¶21

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

¶22

ORDER

¶23

11.09.2024

¶24

1 . Heard Mr. S. Chauhan, learned counsel for the petitioner and Mr. I. Borthakur, learned Standing Counsel for the Forest Department. Mr. A. Chaliha, learned counsel appears for the respondent no.8.

¶25

2 . Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage with the consent of the learned counsels for the parties.

¶26

3 . The petitioner has come before this Court for the second time. The earlier writ petition being WP(C) 6870/2017 was disposed of vide order dated

¶27

13.11.2017, by which this Court had directed the State respondents to examine the case of the petitioner and grant him the benefit as contained in paragraph22 of the Writ Appeal 45/2014 (State of Assam vs. Upen Das).

¶28

4. It is the case of the petitioner that despite the said direction, the respondents have failed to grant him fixed pay w.e.f. 23.01.2001 and revise the same from time to time in the minimum scale of pay w.e.f. 01.08.2017, as directed by this Court in the case of Upen Das (supra) .

¶29

5 . The petitioner in support of his claim has also filed an additional affidavit,

¶30

Page No.# 4/4

¶31

by which he has annexed a communication dated 05.03.2024 made by the Divisional Forest Officer (in short DFO), Karimganj Division, Karimganj to the Principal Chief Conservator of Forest (in short PCCF) and Head of Forests Force, Assam enclosing the name of the two casual workers including the petitioner showing the petitioner to have been engaged from January 1993 and was still working on work-charged basis.

¶32

6 . Considering the certification made by the DFO concern, this Court deems fit and appropriate to relegate the matter back to the PCCF, who shall place the same before the constituted Verification Committee to verify the claim of the petitioner to get the minimum scale of pay within a period of 3 (three) weeks from the date of receipt of a certified copy of this order. The Committee concerned upon getting all the relevant materials shall consider the claim of the petitioner and if the petitioner is found to be eligible to be given the minimum scale of pay, in view of rendering his work since the year 1993, consequential benefit should be given to him within a period of 1 (one) month thereafter.

¶33

7 . With the above observations and directions, the writ petition stands disposed of.

¶34

8. Liberty is granted to the petitioner to submit a copy of the writ petition with all the annexures and any other documents in support of his claim before the PCCF along with the certified copy of this order.

¶35

JUDGE

¶36

Comparing Assistant

Sanjoy Das v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Sanjoy Das v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

No. 10245224N Lnk Hemanta Bordoloi Vs the Union of India and Ors.

Smt. Defola Naiding Vs North Cachar Hills Autonomous Council and 2 Ors.

Mrs. Sangeeta Kormel Yadav Vs Union of India and 4 Ors.

Ajanta Gupta Vs the State of Assam and 4 Ors.

Fazlur Rahman and Anr. Vs the State of Assam and 4 Ors.

Harendra Bhattacharjya Vs Lohit Pathak and Anr.