Disposed¶29

Riazul Hoque Shah v. the State of Assam and 5 Ors.

Gauhati HC3 Dec 2025WP(C)/3614/2025

Case brief

AI extract

What is this about?

Minimum scale of pay; fixed pay employee; Tax Collector cum Road Moharar; casual workers; muster roll workers; work charged workers; similarly placed employees; more than 10 years service; Gaon Panchayat; Sayedbond Gaon Panchayat; Hailakandi; P&RD Assam; Finance Department approval; 840 casual workers; State of Assam –vs- Upen Das & Ors; WA 45/2014; 2020 (5) GLT 605; writ petition closed and disposed of without adjudication; communication dated 04.12.2025; document X; Gauhati High Court; Kardak Ete J.; WP(C)/3614/2025; 04.12.2025.

What did the court decide?

Writ petition closed and disposed of, with the observation that the department shall appropriately complete the process of grant of minimum scale of pay to the petitioner as expeditiously as possible; the communication dated 04.12.2025 kept on record as document "X". ¶29

Riazul Hoque Shah Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, working as Tax Collector cum Road Moharar on fixed pay in the Office of Sayedbond Gaon Panchayat, is entitled to a direction for payment of minimum scale of pay in terms of the judgment passed in WA 45/2014 (State of Assam –vs- Upen Das & Ors).

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Court's answer

Since the Finance Department had already approved the name of the petitioner amongst 840 casual workers for grant of minimum scale of pay and the P&RD was undertaking the process of issuing the necessary order, no adjudication was required in the matter and the writ petition needed to be closed.

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Ratio / Principle

The department shall appropriately complete the process of grant of minimum scale of pay to the petitioner as expeditiously as possible.

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Detailed headnote1 paragraphs

Gauhati High Court (Kardak Ete, J.), WP(C)/3614/2025, order dated 04.12.2025: Petitioner, serving as Tax Collector cum Road Moharar on fixed pay in the Office of Sayedbond Gaon Panchayat, sought a direction for payment of minimum scale of pay in terms of the judgment in WA 45/2014 (State of Assam –vs- Upen Das & Ors), reported in 2020 (5) GLT 605, which had granted minimum scale of pay to muster roll workers, work charged workers and similarly placed employees working for more than 10 years. Counsel for the State placed a communication dated 04.12.2025 from the Under Secretary, P&RD, showing that the Finance Department had approved the petitioner amongst 840 casual workers for grant of minimum scale of pay and that the process of issuing the necessary order was underway. Holding that no adjudication was therefore required, the Court closed and disposed of the writ petition, observing that the department shall appropriately complete the grant of minimum scale of pay to the petitioner as expeditiously as possible; the communication was kept on record as document "X".

Page No.# 1/3

GAHC010134942025

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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)/3614/2025

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RIAZUL HOQUE SHAH

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S/O KHALIL UDDIN SHAH, VILL- SAYEDBOND PART-I, P.O.- KALIBARI BAZAR, P.S.- ALGAPUR, DIST- HAILAKANDI, ASSAM, PIN-788150

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, ASSAM, GUWAHATI-6

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6

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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR GUWAHATI-37

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4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD HAILAKANDI DIST- HAILAKANDI

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ASSAM

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6:THE SECRETARY KOIYA GAON PANCHAYAT P.O.- KOIYA T.E. DIST- HAILAKANDI ASSAM PIN-78816

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

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Advocate for the Respondent : SC, P AND R.D., SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 04.12.2025

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Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Mr. A.K. Ghosh, learned counsel appearing on behalf of Mr. K. Konwar, learned Additional Advocate General for the P&RD.

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2. By filing this writ petition, the petitioner has sought for a direction to pay minimum scale of pay in terms of the judgment passed in WA 45/2014 (State of Assam –vs- Upen Das & Ors).

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3. The petitioner claims to be working as Tax Collector cum Road Moharar with fixed pay in the Office of Sayedbond Gaon Panchayat.

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4. Relying on the judgment of this Court in the case of State of Assam –vs- Upen Das & Ors, reported in 2020 (5) GLT 605 , the petitioner claims for payment of minimum scale of pay which has been granted to the muster roll worker, work charged workers and similarly placed employees working for more than 10 years.

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5. Today, Mr. A.K. Ghosh, learned counsel by placing the communication dated 04.12.2025 from the Under Secretary to the Government of Assam, P&RD, submits that the Finance Department has approved the name of the petitioner amongst 840 nos. of casual workers for grant of minimum scale of pay, and the process for issuing necessary order by P & RD is being undertaken.

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6. Having considered that the State has already approved for grant of minimum scale of pay to 840 number of casual workers including the petitioner, and the department is under process to issue the

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required order granting minimum scale of pay to the petitioner, I am of the considered view that no adjudication would be required in the matter and thus the writ petition needs to be closed.

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7. Accordingly, the writ petition is closed and disposed of.

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8. Needless to observe that the department shall appropriately complete the process of grant of minimum scale of pay to the petitioner as expeditiously as possible.

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9. A copy of the communication dated 04.12.2025 is kept on record and marked as document “X”.

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JUDGE

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Comparing Assistant

Riazul Hoque Shah v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Riazul Hoque Shah v. the State of Assam and 5 Ors.

Case brief

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What the court decided

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