Disposed¶6

Hitun Narzary and 18 Ors. v. the State of Assam and 10 Ors.

Gauhati HC12 Mar 2026WP(C)/1470/2026

Case brief

AI extract

What is this about?

casual workers; Muster Roll Workers; Work-Charged Workers; minimum of pay scale; minimum pay scale; sanctioned post; forest protection workers; Chirang Division Kajalgaon; DFO Haltugaon; Bodoland Territorial Council (BTC); Kokrajhar; State of Assam v. Upen Das 2020 (5) GLT 605; Gauhati High Court; WP(C)/1470/2026; Soumitra Saikia; writ petition disposed; direction to grant pay scale within 3 months; verification of entitlement.

What did the court decide?

Direction to the respondent authorities to grant the petitioners the benefit of the minimum pay scale in terms of Upen Das (supra), subject to verification of entitlement, preferably within three months of receipt of a certified copy of the order. ¶6

Hitun Narzary and 18 Ors. Vs the State of Assam and 10 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, engaged as casual workers since 2006-2007 under the Chirang Division (Kajalgaon), BTC and Divisional Forest Officer, Haltugaon, and admittedly not working against sanctioned posts, are entitled to the benefit of the minimum of pay scale in terms of State of Assam v. Upen Das, 2020 (5) GLT 605.

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Court's answer

Applying the directions in Upen Das (supra), the Court held that Muster Roll Workers, Work-Charged Workers and similarly placed employees working for more than 10 years and not in a sanctioned post are entitled to the minimum of pay scale w.e.f. 01.08.2017, and that the petitioners fall within this class since they have been engaged as casual workers since 2006-2007, a fact not disputed by the respondents.

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Ratio / Principle

The respondent authorities are directed to grant the petitioners the benefit of the minimum pay scale in terms of Upen Das (supra), after making necessary verifications to ascertain their entitlement, as expeditiously as possible and preferably within 3 (three) months from receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.) disposed of W.P.(C) No. 1470/2026 filed by Hitun Narzary and 18 others, casual workers engaged since 2006-2007 for forest and wildlife protection under the Chirang Division (Kajalgaon), BTC and Divisional Forest Officer, Haltugaon, who claimed the minimum of pay scale relying on State of Assam v. Upen Das, 2020 (5) GLT 605. Noting that the petitioners do not hold sanctioned posts but their casual engagement since 2006-2007 was undisputed, and that Upen Das directed that Muster Roll Workers, Work-Charged Workers and similarly placed employees with over 10 years of service outside sanctioned posts be granted the minimum of pay scale w.e.f. 01.08.2017, the Court directed the respondent authorities to extend the minimum pay scale benefit to the petitioners in terms of Upen Das (supra), after verifying entitlement, preferably within three months.

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GAHC010050682026

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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)/1470/2026

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HITUN NARZARY AND 18 ORS

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S/O LATE RATAN NARZARY, VILL. LOTAMARI , P.O. JOLESWARI, DIST. KOKRAJHAR, BTC, ASSAM, PIN 783350

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2: DHONONJAY BASUMATARY S/O SOCHIN BASUMATARY VILL.MOTHAMBIL P.O. RAIMONA DIST. KOKRAJHAR PIN 793350

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3: AMIT NARZARY

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S/O MOHICHAR NARZARY VILL. DUMBAZAR P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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4: UDAY BASUMATARY S/O BIREN BASUMATARY VILL. MOTHAMBIL P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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5: MILANA BASUMATARY S/O RANJIT BASUMATARY VILL. NASRAIBIL P.O. SORABIL

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Page No.# 2/8

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DIST. KOKRAJHAR BTC ASSAM PIN 783350

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6: RAHUL NARZARY

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S/O ANIL NARZARY VILL. BOLLAMJHORA P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PION 783350

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7: NIRANJAY NARZARY

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S/O KORNABOL NARZARY VILL. DOLGAON P.O. RAIMONA DIST. KOKRAJHAR PIN 783350

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8: SUJILA NARZARY

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D/O TEKRE NARZARY VILL. AMRITPUR P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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9: WEGLESWART BASUMATARY S/O JIKEN BASUMATARY VILL. KUMGURI P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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10: RUPOL BASUMATARY S/O LT. BABURAM BASUMATARY VILL. KUMGURI P.O. RAIMONA DIST. KOKRAJHAR PIN 783350

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11: BIRANI BASUMATARY

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C/O BIJEN BASUMATARY VILL. NEW NABINAGAR P.O. KACUGAON DIST. KOKRAJHAR BTC ASSAM PIN 783360

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12: PHILIMON BASUMATARY C/O PREM KUMAR BASUMATARY VILL. JANALIGAON P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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13: SIDHANTA BARGOYARY

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C/O MARKUSH BARGOYARY VILL. OXIGURI P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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14: JUNASH BASUMATARY C/O PREM KUMAR BASUMATARY VILL. JANALIGAON P.O. RAIMIONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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15: JISTO BORGOYARY

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C/O MARKUSH BORGOYARY VILL. OXIGURI P.O. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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16: RITA BASUMATARY C/O LATE RAHESWAR BOSUMATARY VILL. RAIMONA PO. RAIMONA DIST. KOKRAJHAR BTC ASSAM PIN 783350

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17: BINAY MUSHAHRY S/O THANESWAR MUSHSHARY VILL. NO 2 LOTAMARI P.O. JALESWAR DIST. KOKRAJHAR BTC (ASSAM) PIN 783350

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18: MITHUN NARZARY

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S/O SIREN KR. NARZARY VILL. BURACHARA P.O. KACHIBARI DIST. KOKRAJHAR BTC ASSAM PIN 783360

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19: PADUM MAHILARY

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D/O THANESWAR MAHILARY VILL. RANGALIKHATA P.O. RANGALIKHATA DIST. KOKRAJHAR BTC ASSAM PIN 78337

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VERSUS

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THE STATE OF ASSAM AND 10 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY. ENVIRONMENT AND FOREST DEPTT., DISPUR, ASSAM, GUWAHATI 6

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2:THE PRINCIPAL CHIEF CONSERVAOR OF FOREST

ASSAM

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REHABARI

GUWAHATI 8

3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 6 4:THE BODOLAD TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECY. KOKRAJHAR ASSAM PIN 783370 5:THE SECY. OF FORESST BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN 783370 6:THE COUNCIL HEAD OF THE DEPTT. OF FOREST KOKRAJHAR BTC ASSAM PIN 783370 7:THE CHIEF CONSERVATOR OF FOREST KOKRAJHAR BTC ASSAM PIN 783370 8:THE DIVISIONAL FOREST OFFICER HALTUGAON DIVISION GOSSAIGAON BTC ASSAM PIN 783350

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9:THE DIVISIONAL FOREST OFFICER

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CHIRANG KAJALGAON DIVISION BTC ASSAM PIN 783385

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10:THE FOREST RANGE OFFICER

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GAURANG RANGE BISHMURI KOKRAJHAR BTC ASSAM PIN 783370

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11:THE FOREST RANGE OFFICER

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SIDLI RANGE RUNIKHAA CHIRANG BTC ASSAM PIN 78337

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Advocate for the Petitioner : MR H P GUWALA, MR. A BORO

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

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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13.03.2026

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Heard Mr. A Boro, learned counsel for the petitioner. Also heard Ms. N Choudhury, learned Standing Counsel, BTC and Ms. A Barthakur, learned counsel appears for the Finance Department.

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2. The case of the petitioners is that due to shortage of manpower between the period of 2006-2007, they have been engaged as casual workers for protection of Forest & Wildlife under Chirang Division, Kajalgaon, BTC and Divisional Forest Officer, Haltugaon. Even since their engagement, they have been working as such till date but have been paid only a meager sum of fixed wages. It is the case of the petitioners that they are entitled to get the benefit of minimum pay scale in terms of the decisions rendered by a Division Bench of this Court in

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“State of Assam Vs. Shri. Upen Das” reported in 2020 (5) GLT 605.

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3. The learned counsel for the petitioners submits that the respondent authorities have duly admitted that the petitioners have been rendering their services, under the Chirang Division, Kajalgaon, BTC Divisional Forest Officer, Haltugaon since 2006-2007. Therefore, the learned counsel for the petitioners submits that since there is no dispute, a direction may be issued to the respondent authorities to pay the petitioners a minimum scale of pay in terms of “Upen Das (supra)”.

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4. Ms. N. Choudhury, learned Standing Counsel, BTC 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 directions passed by the Division Bench of 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 workers since 2006-2007 which has not been disputed by the respondents.

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5. Considering the same, the respondent authorities are directed to grant the petitioners the benefit of minimum pay scale in terms of “Upen Das (supra)”. Before granting them such benefit, the respondents will make necessary verifications so as to ascertain the entitlement of the benefits of the petitioners to be conferred in terms of “Upen Das (supra)”. The petitioners be afforded the minimum pay scale as directed note above as expeditiously as possible and preferably within a period of 3 (three) months from the date of receipt of a

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certified copy of this order.

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6. This writ petition accordingly stands disposed of

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JUDGE

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Comparing Assistant

Hitun Narzary and 18 Ors. v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

Hitun Narzary and 18 Ors. v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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