I.A.(Civil)/2110/2026 of SRI UDAY NATH Vs THE STATE OF ASSAM on 21 June 2026

ORDER

22.06.2026 Heard Mr. N N B Choudhury, learned Senior counsel assisted by Mr. A Gohain, learned for the applicant. Also heard Mr. A Phukan, learned Standing counsel, GAD; Mr. A Chaliha, learned Standing counsel, Finance Department as well as Ms. S Baruah, learned Government Advocate for the respondents.

2. The applicants/petitioners are aggrieved by the order dated 14.11.2025 whereby, although the respondent authorities have agreed to enhance the monthly remuneration payable to fixed-pay employees, including the writ petitioners, to Rs.16,400/- per month, such enhancement has been made conditional upon furnishing an undertaking to the effect that they shall not, at any point in future, claim regularization of their services.

3. The applicants/petitioners are Grade-IV employees engaged on a fixed-pay basis in the Office of the Assam Secretariat. They are presently receiving a fixed remuneration of Rs. 9,000/- (Rupees Nine Thousand) per month. Pursuant to a policy decision of the Government, the said remuneration has been revised to Rs.16,400/- per month. The grievance of the applicants/petitioners, however, is that the enhanced remuneration is being made payable only upon execution of the undertaking stipulated in the order dated 14.11.2025. Consequential directions have also been issued and a prescribed format of undertaking has been circulated for the said purpose.

4. The applicants/petitioners contend that, by another decision issued on the same date, i.e. 14.11.2025, Muster Roll workers, Casual Fixed-Pay employees and other similarly situated categories of workers engaged prior to the AFRBM period have been extended the benefits flowing from the judgment rendered in State of Assam v. Upen Das, reported in 2020 (5) GLT 605, whereby such employees have been granted the minimum of the pay scale together with dearness allowance, medical allowance, annual increments and house rent allowance. According to the applicants/petitioners, they stand on an identical footing with the employees who have been granted the benefits under Upen Das (supra). Therefore, the insistence on furnishing the aforesaid undertaking as a condition precedent for receiving the enhanced remuneration has the effect of depriving them of benefits to which they may otherwise be entitled under law, including those claimed on the strength of the judgment in Upen Das (supra).

5. Upon institution of the connected writ petition, this Court issued notice by order dated 06.01.2025.

6. The present interlocutory application has thereafter been filed seeking a direction for release of the enhanced monthly remuneration of Rs.16,400/- with effect from 14.11.2025, without prejudice to the rights and contentions raised in the connected writ petition, even if the applicants/petitioners are required to execute the undertaking contemplated under the Executive Order dated 14.11.2025 and the consequential Office

Notice dated 21.11.2025.

7. Mr. N. N. B. Choudhury, learned Senior Counsel appearing for the applicants/petitioners, submits that similar interlocutory applications have already been disposed of by Co-ordinate Benches of this Court in I.A.(Civil) No.1854/2026 arising out of WP(C) No.7225/2025 and in I.A.(Civil) No.2111/2026 arising out of WP(C) No.7262/2025.

8. Mr. A. Phukan, learned Standing Counsel, GAD, fairly submits that subject to execution of an undertaking as per the executive and office order dated 14.11.2025 and 21.11.2025 respectively, he has no objection for releasing the enhanced remuneration as sought for.

9. Having heard the learned counsels for the parties and upon perusal of the materials available on record, this Court considers it appropriate to dispose of the present interlocutory application, by directing the respondents to release the enhanced amount of monthly remuneration of Rs. 16,400/- per month w.e.f. 14.11.2025, subject to furnishing the undertakings, as required under the executive and office order dated 14.11.2025 and 21.11.2025 respectively.

10. Upon such undertakings being furnished, the respondents shall, within a period of one month thereafter, release the enhanced remuneration, as noted above.

11. It is further clarified that any undertaking furnished by the applicants/petitioners pursuant to the aforesaid order shall be without prejudice to the claims, rights and contentions raised by them in the connected WP(C) No.7088/2024 and shall abide by the outcome of the said writ proceedings.

12. With the above observations and directions, the interlocutory application stands disposed of.

JUDGE

Comparing Assistant