THE GAUHATI HIGH COURT v. THE STATE OF ASSAM AND 5 ORS

Advocate for the Petitioner : MR. A F N U MOLLAH, MR M RAHMAN,K ZAMAN Advocate for the Respondent : SC, P AND R.D., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

23.04.2025 ORDER Heard Mr. A.F.N.U. Mollah, learned counsel appearing for the petitioners. Also heard Mr. S. Dutta, learned Standing Counsel appearing for the P&RD Department and Mr. R. Borpujari, learned Standing Counsel appearing for the Finance Department. The petitioners before this Court are employed in various Gaon Panchayats and Block Development Offices. The particulars specified in paragraph 3 of the writ petition are as under :- Sl No Name of the Petitioners Date of Joining Designation Place of Post 1 2 Putuli Devi

18.08.2005 Peon Moiradhaj G.P. Mridul Malakar

02.03.2005 Jr. Asstt. Moirabari Block Dev. Page No.# 4/6 3 4 Khairul Islam

13.06.2003 Peon Bechamari G.P. Nazrul Islam

18.03.2005 Tax Collector Niz Dhing G.P. The petitioners 1, 2, 3 & 4 are shown to be working in the places as shown in the chart extracted above. The petitioners claim that, despite having rendered their services without any blame or blemish, they have not been granted the benefit of monthly fixed wages, as has been extended to other similarly situated persons. The learned counsel for the petitioners has referred to the Judgment of this Hon’ble Court rendered in Upen Das vs. State of Assam, Writ Appeal No. 45/2014. In the said Judgment, this Court ultimately held that the State Government shall pay the minimum of the pay scale to Muster Roll workers, work-charged employees, and similarly placed employees who have been working for the last 10 years though not against sanctioned posts with effect from 01.08.2017. This order was passed in the light of the Judgment of the Hon’ble Supreme Court in Jagjit Singh & Ors. vs. State of Punjab & Ors., reported in (2017) 1 SCC 148. It is submitted that, pursuant to the aforesaid directions, the cases of the petitioners were duly examined and forwarded to the Commissioner, Panchayat & Rural Development (respondent no. 2) by the Chief Executive Officers of the Nagaon and Morigaon Zilla Parishads. In doing so, the names of the petitioners, along with the relevant particulars, were properly submitted for necessary consideration. In so far as the petitioner no. 1 is concerned, the relevant communication was forwarded on 30.01.2019 with regard to petitioner no. 2, the communication was forwarded on 01.10.2020; and in respect of petitioners no. 3 and 4, the communication was forwarded on 08.02.2022. However, despite the furnishing of all necessary information, no steps have been taken by the respondent authorities to Page No.# 5/6 pass appropriate orders in respect of the petitioners. It is further submitted that the Finance Department, by notification dated 08.03.2019, has also issued the requisite notification in compliance with the Judgment of this Court rendered in Upen Das vs. State of Assam, Writ Appeal No. 45/2014. Although notices in the matter were issued as far back as on 23.06.2023 and opportunities were granted to the respondents to obtain instructions and file the necessary affidavit, no such affidavit has been filed till date, despite the respondents having been granted further opportunities on subsequent occasions. Today also when the matter is called up, the learned counsel for the respondents- P&RD Department seeks further time to complete his instructions. The learned counsel for the Finance Department, on the other hand, submits that the claims of the petitioners are first required to be examined by the Administrative Department, namely, the Panchayat & Rural Development Department. Thereafter, based on the relevant materials duly furnished through the proper channel, the Finance Department considers and passes necessary orders as may be called for. It is submitted that the claims raised by the petitioners are to be duly processed and recommended by the Administrative Department before any action can be taken by the Finance Department. Having given due consideration to the submissions made and on the basis of the pleadings available before this Court, it appears that the Panchayat & Rural Development (P&RD) Department has failed to apprise this Court about the status of the claims made by the writ petitioners regarding their claims towards payment of fixed wages. This Court is, therefore, constrained to hold that the Department has not taken adequate steps to address or clarify the petitioners’ entitlement in this regard. Under such circumstances, the Court directs the respondents, more particularly respondents no. 1 and 2, to take all necessary steps to conduct verification or enquiry Page No.# 6/6 into the claims made by the petitioners regarding their entitlement towards payment of fixed wages, in accordance with the directions issued by this Court in Upen Das (supra). The Department shall also ensure that any such enquiry undertaken by the concerned departmental authorities with respect to the petitioners' claims is conducted within a specific timeframe. Thereafter, the Department shall submit all necessary particulars, duly supported by the relevant documents, through the proper channel to the Finance Department for consideration of the petitioners' claims for payment of fixed wages in terms of the directions contained in Upen Das vs. State of Assam, Writ Appeal No. 45/2014. The learned counsel for the respondent has apprised the Court that the Panchayat Elections are currently underway and are expected to conclude on 15 May 2025. Accordingly, this Court disposes of the writ petition, directing respondents no. 1 and 2 to complete any necessary enquiry or investigation, if required, and to place all relevant particulars pertaining to the petitioners before the Finance Department within a period of 90 days from the date of receipt of a certified copy of this order. The Finance Department, upon receipt of such particulars from the P&RD Department, shall pass the necessary orders within a further period of 60 days from the date of receipt. Accordingly, this writ petition disposed of. JUDGE Comparing Assistant