Disposed

Kanai Lal Chakraborty v. the State of Assam and 2 Ors.

Gauhati HC13 Nov 2025WP(C)/4981/2024

Case brief

AI extract

What is this about?

Muster Roll labourer claimed arrear salary for 01.08.2017 to 30.11.2018 relying on a prior writ appeal judgment granting minimum of scale of pay to Muster Roll workers. Finance Department agreed to consider a fresh proposal; court directed PWD to submit proposal within 45 days and disposed of the writ petition.

What did the court decide?

Direction to PWD to submit verified proposal within 45 days; Finance Department to issue sanctioning orders before end of FY 2025-26 and take steps for release of arrears.

Kanai Lal Chakraborty Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2025)

Page No.# 1/3

GAHC010194192024

undefined

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

¶5

Case No. : WP(C)/4981/2024

¶6

KANAI LAL CHAKRABORTY

¶7

S/O- LATE BARINDRA CHAKRABORTY, RESIDENT OF LUMDING TOWN, PO- LUMDING, WARD NO-2, DIST- HOJAI, ASSAM

¶8

VERSUS

¶9

THE STATE OF ASSAM AND 2 ORS

¶10

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM (P.W.D. DEPARTMENT), DISPUR, GUWAHATI-6, ASSAM

¶11

2:THE CHIEF ENGINEER PWD ( R AND B) CHANDMARI GUWAHATI ASSAM

¶12

3:THE EXECUTIVE ENGINEER P.W.D. (R AND B) MAIBANG DIVISION DIST. DIMA HASAO MAIBANG ASSAM

¶13

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET) DEPARTMENT

¶14

5:THE PRINCIPAL SECRETARY NCHAC

¶15

HALFLONG DIST. DIMA HASAO ASSA

¶16

Advocate for the Petitioner : MR F Z MAZUMDER,

¶17

Advocate for the Respondent : SC, PWD, MR. R BORPUJARI (SC, FINANCE)

¶18

Page No.# 2/3

¶19

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

¶20

ORDER

¶21

14.11.2025

¶22

Heard Mr. F.Z Mazumdar, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Addl. Senior Government Advocate appearing for the respondents No. 1, 2 & 3 and Mr A Chaliha, learned Standing Counsel, Finance Department.

¶23

The claim of the writ petitioner in the present writ petition that he is entitled to arrear salary from the period 01.08.2017 to 30.11.2018 for rendering his service as a Muster Roll Labour in the PWD department. This claim is made by the petitioner in view of the Judgment and order dated 08.06.2017 passed in W.A No. 45/2014 [State of Assam Vs. Upen Das & Ors] whereby Muster Roll Workers were held to be eligible for grant of minimum of scale of pay. It is the claim of the petitioner that for the period 01.08.2017 to 30.11.2018 as per the Notification issued dated 03.10.2019 by the Finance Department, his claim has not been considered and released.

¶24

Mr. A Chaliha, learned Standing Counsel, Finance on the other hand submits that the PWD Department had earlier submitted a proposal which included the name of the petitioner and the same was submitted in the Financial year 20222023. Since the period had already expired, if a fresh proposal is put up by the administrative department then the Finance Department will undertake steps necessary for consideration and passing an appropriate orders thereon.

¶25

Mr. R Dhar, learned Addl. Sr. Government Advocate appearing for the PWD Department submits that the Department can submit a fresh proposal after due verification and within a period of 45 days from the date of receipt of certified copy

¶26

Page No.# 3/3

¶27

of this order and thereupon the Finance Department will pass appropriate orders for release of arrear pay of the writ petitioner subject to the claim being found to be correct.

¶28

The learned counsel for the petitioner does not object to the prayer made.

¶29

Accordingly, taking into consideration the submissions made, the writ petition stands closed with a direction to the PWD Department, more particularly respondent No. 1, to ensure that the proposal containing the writ petitioner’s name is submitted to the Finance Department after due verification, as expeditiously as possible and within an outer limit of 45 days from the date of receipt of a certified copy of this order placed before respondent No. 1 by the writ petitioner. Thereafter, the Finance Department, being respondent No. 4, shall take all necessary steps to issue appropriate orders sanctioning the proposal by placing it before the competent authority for budget proposal before the end of the Financial Year 2025–26 Subsequent steps shall be taken for release of the amount found due to the petitioner

¶30

The writ petition accordingly stands disposed of.

¶31

JUDGE

¶32

Comparing Assistant

Kanai Lal Chakraborty v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Kanai Lal Chakraborty v. the State of Assam and 2 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

Ankur Kumar and 21 Ors. Vs the State of Assam and 3 Ors.

Sakuntala Das Vs the State of Assam

The Union of India and 2 Ors. Vs M/S G D Engineering Construction

Tapan Das Vs the State of Assam and Anr.

A.K. Sahkil Ahmed Barbhuiya Vs the State of Assam and 4 Ors.

On the Death of Sanjib Kumar Kaluwar, His Legal Heirs Mrs. Anu Kaluwar and Ors. Rep. Vs the Union of India and 3 Ors.