I.A.(Civil)/2111/2026 of SRI BIRAJ DAS Vs THE STATE OF ASSAM on 18 June 2026

ORDER

Date : 19.06.2026 Heard Mr. N. N. B. Choudhury, learned Senior Counsel assisted by Mr. A. Gohain, learned counsel for the applicant. Also heard Mr. A. Phukan, learned Standing Counsel appearing for the GAD.

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, by order dated 17.12.2025, while issuing notice, observed that the respondents shall ensure that the applicants/petitioners are granted the enhanced remuneration. It was further observed that, in the event any undertaking is furnished by the applicants/petitioners in terms of the impugned order, the same shall not prejudice or preclude the claims raised and urged by them in the present writ petition.

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 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 a similar interlocutory application has already been disposed of by a co-ordinate Bench of this Court in I.A.(Civil) No.1854/2026 arising out of WP(C) No.7225/2025.

8. Mr. A. Phukan, learned Standing Counsel, GAD, on the other hand, submits that the relief sought by way of the present interlocutory application substantially stands covered by the interim order dated 17.12.2025 passed by this Court while issuing notice.

9. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court finds that, by order dated 17.12.2025, the respondents had already been directed to ensure that the applicants/petitioners are granted the enhanced remuneration and that any undertaking furnished by them shall not operate to their prejudice in respect of the claims raised in the connected writ petition.

10. In view of the above, this Court considers it appropriate to dispose of the present interlocutory application by directing the applicants/petitioners to furnish the undertakings, as required under the Executive Order dated 14.11.2025, within a period of one week from today.

11. Upon such undertakings being furnished, the respondents shall, within a period of one month thereafter, release to the applicants/petitioners the enhanced remuneration at the rate of Rs.16,400/- per month with effect from 14.11.2025.

12. 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 WP(C) No.7262/2025 and shall abide by the outcome of the said writ proceedings.

13. The timelines stipulated herein shall be strictly complied with by the parties.

14. With the above observations and directions, the interlocutory application stands disposed of. JUDGE Comparing Assistant