Disposed¶38

Aparajita Changkakati v. the State of Assam and 6 Ors.

Gauhati HC10 Mar 2026WP(C)/1384/2026

Case brief

AI extract

What is this about?

Minimum of pay scale; Muster Roll Worker; Worked Charge Workers; casual engagement; non-sanctioned post; Water Resources Department Government of Assam; Upen Das; WA 45/2014; 2020 (5) GLT 605; 32 years continuous service; verification liberty; 3 months compliance; WP(C)/1384/2026; Gauhati High Court; Soumitra Saikia; 11.03.2026; writ petition disposed of.

What did the court decide?

Direction to the respondent authorities to grant the petitioner the benefit of minimum pay scale in terms of Upen Das (supra), with liberty to carry out necessary verification, to be afforded preferably within 3 months from receipt of a certified copy of the order. ¶38

Aparajita Changkakati Vs the State of Assam and 6 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a Muster Roll Worker under the Water Resources Department since 01.07.1993 with more than 32 years of continuous service, is entitled to the minimum of pay scale in terms of the Division Bench decision in Upen Das. +1 more

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Court's answer

The respondent authorities are directed to grant the petitioner the benefit of minimum pay scale in terms of Upen Das (supra).

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Ratio / Principle

The petitioner's engagement as a casual worker since 1993, not against a sanctioned post, is undisputed by the respondents, placing her within the class covered by the Upen Das direction.

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Key takeaways

Before granting the benefit, the respondents will be at liberty to make such verification as may be required.ratio¶36
The minimum pay scale is to be afforded as expeditiously as possible and preferably within 3 months from the date of receipt of a certified copy of the order.ratio¶36

Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.) disposed of W.P.(C) 1384/2026 filed by Aparajita Changkakati, a Muster Roll Worker under the Water Resources Department, Government of Assam since 01.07.1993 with over 32 years of continuous service, who claimed the minimum of pay scale in terms of the Division Bench decision in State of Assam v. Upen Das (WA 45/2014, reported 2020 (5) GLT 605), whereby Muster Roll Workers, Worked Charge Workers and similarly placed employees with more than 10 years' service not in sanctioned posts were to be granted the minimum of pay scale w.e.f. 01.08.2017. Observing that the respondents did not dispute her casual engagement since 1993 outside a sanctioned post, the Court directed the respondent authorities to grant her the benefit of the minimum pay scale in terms of Upen Das, with liberty to make necessary verification, preferably within three months of receipt of a certified copy of the order.

Page No.# 1/4

GAHC010041292026

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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)/1384/2026

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APARAJITA CHANGKAKATI

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DAUGHTER OF LATE NABIN CHANGKAKATI, RESIDENT OF MADHYAM KHANDA, NORTH GUWAHATI, P.O. AND P.S. NORTH GUWAHATI, DIST.KAMRUP (M), ASSAM,, 781030

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR

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GUWAHATI-6

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3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI- 781006

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4:THE CHIEF ENGINEER

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WATER RESOURCES DEPARTMENT BASISTHA GUWAHATI DISTRICTKAMRUP ASSAM PIN- 781029

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5:THE ADDITIONAL CHIEF ENGINEER

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LOWER ASSAM ZONE WATER RESOURCES DEPARTMENT BASISTHA GUWAHATI ASSAM PIN- 781029

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6:THE EXECUTIVE ENGINEER

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GUWAHATI WEST WATER RESOURCE DIVISIONS BHARALUMUKH GUWAHATI

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PIN- 781009

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7:THE SUB DIVISIONAL OFFICER

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RANGIA WATER RESOURCES DEPARTMENT DISTRICT- KAMRUP ASSAM PIN- 78130

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Advocate for the Petitioner : MR. D DEKA, MR N ALI,MR I HUSSAIN

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Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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11.03.2026

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Heard Shri D. Deka, learned counsel for the petitioner. Also heard Ms. P Seyie, leanred counsel for the respondents No. 1, 3, 4, 5, 6 & 7 and Ms. A Barthakur, learned counsel for the respondent No. 2.

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2. This writ petition has been filed by the petitioner claiming for the minimum pay scale in terms of a judgment and order dated passed by this Court in WA 45/2014 (State of Assam and Ors. vs. Upen Das & Ors.).

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3. The case of the petitioner is that the petitioner has been serving as a Muster Roll Worker under the Water Resources Department, Government of Assam since 01.07.1993. The petitioner has rendered more than 32 years continuous service without any break and has been discharging her duties diligently to the satisfaction of the competent authorities. It is the case of the petitioner she is entitled to get the benefit of minimum pay scale in terms of the decision rendered by a Division Bench of this Court in State of Assam Vs Shri

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Upen Das reported in 2020 (5) GLT 605.

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4. The learned counsel for the petitioners submits that the respondents have duly admitted that the petitioner has been rendering her services in the Water Resources Department since 1993. Therefore, the learned counsel for the petitioner submits that since there is no dispute, a direction may be issued to the respondent authorities to pay the petitioner a minimum scale of pay in terms of Upen Das (supra).

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5 . The learned counsel for the respondents on the other hand submits that the petitioners are only engaged on casual basis and since it is not a substantive appointment, there is no question of granting them the pay scale as claimed by them. It may, however, be seen that the direction of a Division Bench this Court in Upen Das (supra) is that all such Muster Roll Workers, Worked Charge Workers and similarly placed employees working since the last more than 10 years and not in a sanctioned post should be granted the minimum of pay scale w.e.f. 01.08.2017. Admittedly, the petitioners in the present case are not working against a sanctioned post but are engaged as casual worker since 1993 which has not been disputed by the respondents.

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6. Considering the same, the respondent authorities are directed to grant the petitioner the benefit of minimum pay scale in terms of Upen Das (supra). Before granting them such benefit, the respondents will be at liberty to make necessary verification as may be required. The petitioners be afforded the minimum pay scale as directed near above as expeditiously as possible and preferably within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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7. Writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Aparajita Changkakati v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Aparajita Changkakati v. the State of Assam and 6 Ors.

Case brief

What is this about?

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Why is it important?

What the court decided

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