Sanjib Mazumder Vs the State of Assam and 6 Ors. — Gauhati HC (2025) — LawSathi Research

Sanjib Mazumder Vs the State of Assam and 6 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent nos. 4, 5 & 7 to fix the appellant's pay in the regular scale of pay of the post of Junior Engineer, Badarpur Municipal Board, w.e.f. 01-04-2024 and release the arrears within 60 days of receipt of certified copy of the order; failing which the amount shall carry interest @ 12% per annum from the date of the order till actual payment of full arrears.

Issue for consideration

Whether the appellant is entitled to authorization of the regular scale of pay of Junior Engineer with retrospective effect from 01-07-2014 (in terms of the Badarpur Town Committee resolutions of 27-08-2012 and 30-08-2014), rather than only from the date his juniors engaged on fixed pay were granted regular pay scale (w.e.f. 01-04-2024), as directed by the learned Single Judge.

Court's answer

Pay and allowances requisite to be authorized to the employees of a Municipal Board are the responsibility of the Board in terms of Section 50 of the Assam Municipal Act, 1956; consequently, the Division Bench finds no error in the resolution adopted by the Badarpur Municipal Board in its meeting held on 27-09-2024 extending a regular scale of pay to the fixed pay employees of the Board w.e.f. 01-04-2024.

Ratio / Principle

The directions passed by the learned Single Judge vide order dated 04.03.2025, requiring the authorities of Badarpur Municipal Board to authorize to the appellant a Regular Scale of Pay and to release his arrears, cannot be held to be erroneous in the facts and circumstances of the case.

Key takeaways

Given the stand taken by the respondent Board before the learned Single Judge and reiterated before the Division Bench, the appellant would be entitled to receive his pay and allowances in the prescribed scale of pay w.e.f. 01.07.2024 in terms of the resolution adopted by the Badarpur Municipal Board in its meeting held on 27.09.2024 (date recorded as printed; cf. 01-04-2024 in paras 62 and 65).ratio¶64
Respondent nos. 4, 5 & 7 are directed to fix the pay of the appellant in the regular scale of pay applicable to the post of Junior Engineer in Badarpur Municipal Board w.e.f. 01-04-2024 and thereafter to release the arrears thereof within 60 days from the date of receipt of a certified copy of the order.ratio¶65

Detailed headnote1 paragraphs

Gauhati High Court (WA/200/2025, decided 04.12.2025; coram Michael Zothankhuma and N. Unni Krishnan Nair JJ., order authored by N. Unni Krishnan Nair, J) - Sanjib Mazumder, Junior Engineer with Badarpur Municipal Board (appointed 31-03-2010 on consolidated pay of Rs. 4,500/- p.m.), secured resolutions of the erstwhile Badarpur Town Committee dated 27-08-2012 and 30-08-2014 for grant of regular scale (Rs. 5,200-20,200 with Grade Pay Rs. 3,300 w.e.f. 01-07-2014), which remained unimplemented for want of Government approval; the learned Single Judge in WP(C).No.5154/2022 (order dated 04-03-2025) directed grant of regular pay scale from the date his junior fixed-pay colleagues were regularised (w.e.f. 01-04-2024), with payment within 90 days failing which interest @ 12% p.a. In the intra-court appeal, the Division Bench held that under Section 50 of the Assam Municipal Act, 1956 the Board itself bears its staff expenses, found no error in the Board's resolution of 27-09-2024 extending regular scale to twelve fixed-pay employees w.e.f. 01-04-2024, and upheld the Single Judge's directions. The Bench clarified the appellant's entitlement in terms of the 27-09-2024 Board resolution and directed respondent nos. 4, 5 & 7 to fix his pay in the Junior Engineer scale w.e.f. 01-04-2024 and release arrears within 60 days, failing which interest @ 12% per annum would run from the date of the order till actual payment. Writ Appeal disposed of.

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and Order dated 04-03-2025 of the learned Single Judge in WP(C).No.5154/2022, directing the respondent authorities to grant the appellant a regular scale of pay from the date his juniors engaged on fixed pay were granted regular pay scale (effectively w.e.f. 01-04-2024), with pecuniary benefit within 90 days failing which interest @ 12% per annum.¶33
Gauhati High Court (learned Single Judge / Writ Court) · 04-03-2025
Prior proceeding
Appellant appointed Junior Engineer in the Technical Branch of the erstwhile Badarpur Town Committee (now Badarpur Municipal Board) vide order dated 31-03-2010, on consolidated pay of Rs. 4,500/- per month.¶35
Prior proceeding
Badarpur Town Committee meeting of 27-08-2012 adopted resolution to regularize pay of fixed pay Workers and Safaiwalas and forward the fixed scales to the Government for approval.¶36
Prior proceeding
Town Committee meeting of 30-08-2014 resolved to authorize the appellant salaries in pay band Rs. 5,200-20,200 with Grade Pay Rs. 3,300 w.e.f. 01-07-2014; Chairperson forwarded the resolution to the Director, Municipal Administration vide communication dated 06-09-2014; approval was not received and the appellant continued on fixed pay.¶39
Prior proceeding
Appellant instituted WP(C).No.5154/2022 praying for a direction to authorize the scale of pay of Junior Engineer w.e.f. 01-07-2014 in pursuance of the resolutions of 27-08-2012 and 30-08-2014.¶34
Prior proceeding
During pendency of the writ petition, Badarpur Municipal Board in its meeting of 27-09-2024 decided to extend regular pay scale to 12 fixed pay employees including the appellant (shown as Junior Engineer Grade II), but his pay-scale regularization was kept pending as the matter was sub judice.¶40
Prior proceeding
In joint counter affidavit, respondent nos. 4 & 7 stated that the Director, Municipal Administration's letter dated 17/09/2024 clarified that under Sec. 50(1) of the Assam Municipal Act the Board must bear staff expenses, but contended that, absent timely communication, no liability could be imposed on the Board to pay arrear enhanced salary and allowances.¶53
Prior proceeding
Resolution no. 4 of the special meeting of the Badarpur Municipal Board held on 27/09/2024 (produced before the learned Single Judge) extended regular pay scale to 12 fixed pay employees; the writ petitioner's case was kept in abeyance due to pendency of the writ petition.¶55
Prior proceeding
Before the learned Single Judge, Mr. T.C. Chutia, learned Additional Senior Government Advocate, submitted that under section 50 of the Assam Municipal Act, 1956 the Board could grant regular pay scale and there was no reason to deny the petitioner the benefit given to similarly situated employees.¶57
Prior proceeding
Learned Single Judge, by order dated 04.03.2025, disposed of the writ petition directing respondent nos. 4, 5 & 7 to process the petitioner's case for regular pay scale computed from the date his juniors engaged as fixed pay employees were granted the benefit, with pecuniary benefit within 90 days failing which interest @ 12% per annum till realization.¶41
Prior proceeding
The Single Judge's direction further provided that the pecuniary benefit be made available within 90 days of receipt of certified copy, failing which interest @ 12% per annum from the date of the order till realization would be recoverable by the writ petitioner.¶59