Disposed

Satish Malakar and Ors. v. the State of Assam and Ors.

Gauhati HC8 Mar 2026WP(C)/892/2026

Case brief

AI extract

What is this about?

Petitioners, claiming to be casual workers, sought regularization and minimum scale pay, citing State of Assam v/s Upen Das. The Court disposed of the petition, directing BTC authorities to verify continuous service and grant minimum scale pay if found eligible, distinguishing Upen Das regarding casual vs. regularized workers.

What did the court decide?

Direction to authorities to verify claims; if continuous regular service found, grant minimum scale of pay within 60 days.

Satish Malakar and Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2026)

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GAHC010031202026

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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)/892/2026

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SATISH MALAKAR AND ORS S/O SHRIRAM MALAKAR,RESIDNETOF VILLAGE DUBI, PS PATACHARKUCHI, DIST BARPETA, ASSAM

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2: JALALUDDIN AHMED

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S/O SAFUR ALI

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RESIDENT OF 4 KALIPUR PO KUMARIKATA DIST. BAKSA ASSAM 781360

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3: BANJIT DAS

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S/O KARUNAKANTA DAS RESIDENT OF 4 KALIPUR PO KUMARIKATA DIST. BAKSA ASSAM 781360

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4: AJMAL HAQUE

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S/O ABDUL KARIM RESIDENT OF ISSAPUR TULSIBARI DIST KAMRUP M ASSAM 781376

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5: NUREASHMA YESMINE D/O INSAF ALI

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Page No.# 2/7

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RESIDENT OF NIZ KAURBAHA PO AND PS RANGIA DIST KAMRUP ASSAM 781354

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6: DAVID CHETRIA S/O KAISABO CHETRIA RESIDENT OF VILLAGE ANGARKATA PO KUMARIKATA DIST BAKSA ASSAM 781360 7: RAFIQUDDIN AHMED S/O NUR HUSSAIN RESIDENT OF VILLAGE DHEPARGAON PO DHEPARGAON PS TAMULPUR DIST BAKSA ASSAM 781367

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8: SURUJ JAMAN

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S/O ABDUL JALIL RESIDENT OF VILLAGE KHANDIKAR JAME MAJJED KHUNDIKAR RANGIA DIST KAMRUP ASSAM 781354 9: PRANITA PATHAK TALUKDAR S/O BINOD TALUKDAR RESIDENT OF VILLAGE KENDUKUCHI BAR KHANAJAN DIST NALBARI ASSAM. 781337 10: ABU SHAMA S/O ABU SAYED RESIDENT OF VILLAGE JALJALI DWARKUCHI DIST KAMRUP ASSAM. 781376

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11: SRI MANU BASUMATARY S/O SRI SAJAN BASUMATARY

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RESIDENT OF VILLAGE NO. 2 DIHIRA PO DIHIRA PS MUSHALPUR DIST BAKSA ASSAM. 781372

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12: SRI TAPAN DAS S/O KAMINI DAS

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RESIDENT OF VILLAGE DUBI PO DUBI PS PATACHARKUCHI DIST BAJALI ASSAM. 781325

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13: AMJED ALI S/O AKKASH ALI

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RESIDENT OF VILLAGE KAHARPARA PO AMDAH SATRA BARADI DIST BARPETA ASSAM. 781325

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14: CHANDAN BAYAN S/O BHBEN BAYAN

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RESIDENT OF VILLAGE DUBI PO PATACHARKUCHI DIST BARPETA ASSAM. 781325

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15: SHAMSHODDIN ALI S/O AKKASH ALI RESIDENT OF VILLAGE KAHARPARA PO AMDAH SATRA BARADI DIST BARPETA ASSAM. 781325

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16: AJIT MALAKAR S/O RATI RAM MALAKAR

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RESIDENT OF BHOMARBARI PO BAGTA DIST KAMRUP ASSAM 781102

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17: RAJIB KUMAR DEURY S/O JAMU RAM DEURY RESIDENT OF JAMGURI PO AMDAH DIST BARPETA ASSAM. 78132

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VERSUS

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THE STATE OF ASSAM AND ORS

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REP. BY THE ADDITIONAL CHIEF SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR GUWAHATI 781006

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2:THE COMMISSIONER AND SECRETARY

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TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006

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3:THE BODOLAND TERRITORIAL COUNCIL

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REP. BY THE PRINCIPAL SECRETARY KOKRAJHAR

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4:THE PRINCIPA CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE

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ASSAM ARANYA BHAWAN PANJABARI GUWAHATI 781037

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5:THE COUNCIL HEAD OF DEPARMENT AND ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS. BODOLAND TERRITORIAL COUNCIL KOKARJHAR ASSAM

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6:THE DIVISIONAL FOREST OFFICER

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MUSHALPU DIVISION MUSHALPUR

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BAKSA UNDER BT

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Advocate for the Petitioner : MR. J SARMAH, MR. A BHATTACHARJEE

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

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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09.03.2026

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Heard Mr. A. Bhattacharjee learned counsel for the petitioners, Mr. R. R.

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Gogoi, learned Standing Counsel appears for the Forest Department, Ms. B.

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Bora, learned Standing Counsel for BTC, and Mr. R. Borpujari, learned Standing

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Counsel, Finance.

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2. The writ petitioner claims to be casual workers in various divisions and ranges of the Department of Environment and Forest under the Government of Assam as well as the Bodoland Territorial Council (BTC).

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3. The grievance of the petitioners is that, despite rendering several years of service, their claims for regularization have not been considered. Further, it is

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submitted that a list of 1,425 casual workers under various departments/divisions had not been regularized earlier. However, the department is taking necessary action for the regularization of the same.

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4. However, the writ petitioners were left out from the list of 1,425 numbers of

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casual workers. It is the further case of the petitioner that notwithstanding that they were not regularized. The learned counsel for the petitioner submits that in view of the law laid down by this Court in Upen Das reported in (2017) 4 GLR 493 , the petitioners being casual workers rendering regular services since their respective dates of engagements are required to be considered for grant of minimum scale of pay, as directed by a Division Bench of this Court in State of Assam v/s Upen Das and 835 Ors.

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5. On 23.02.2026, liberty was granted to the learned respondents to complete their instructions. Mr. P. Nayak, learned Additional Advocate General, Assam on the last date raised an objection that there is no material placed before the Court to suggest that the writ petitioners are still in service.

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6. Considering the claims of the writ petitioners and considering the fact that several orders have been passed by this Court, disposing of similar matters, this court is of the considered opinion that ends of justice would be met, the writ petition stands disposed of with a direction to BTC authorities to carefully examine and verify the claims of the writ petitioners. Since the division bench of

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this court has already laid down the law that works as casual or muster roll workers are not entitled to regularization, their prayers for regularization need not be considered. However, if they found to be rendering regular service without any break continuously from their respective dates of engagement, the

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learned respondent authorities after due verification will consider the claims of

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the petitioner for the grant of minimum scale of pay, as directed in “State of Assam v/s Upen Das & 835 Ors.” reported in (2017) 4 GLR 493 .

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7. Let this exercise be carried out by the learned counsel for the respondents within a period of 60 days from the date of receipt of certified copy of this order.

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8. In the event, the claims of the writ petitioners are found to be correct then effective orders for grant of minimum scale of pay to the writ petitioners shall be issued by the Respondent Authority without further delay.

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9. Accordingly, in terms of the above this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Satish Malakar and Ors. v. the State of Assam and Ors.

Case brief

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Satish Malakar and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

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What the court decided

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