WP(C)/2546/2022 of LUKAMAN ALI AND ANR Vs THE STATE OF ASSAM AND 7 ORS on 19 May 2026

ORDER

Date : 20.05.2026 Heard Mr. K.A. Mazumder, learned counsel for the petitioners and Mr. R. Borpujari, learned Standing Counsel, Finance Department, Assam. None has appeared for the respondent Nos. 1, 2, 4 and 6. Although the learned counsel has entered appearance on behalf of the respondent Nos. 7 and 8 by filing Vakalatnama, today none has appeared before this Court.

2. The grievances in this writ petition is that petitioners who were working as casual employee (Tax Collector) since the year 1994 are working in the Gaon

Panchayat of Ratabari Gaon Panchayat under Dullavchera Development Block under the Sribhumi Zila Parisha (erstwhile Karimganj Zila Parishad) in the Sribhumi District have been deprived of their upgraded pay scale although persons who were either similarly situated or they joined in the same capacity later than the petitioners have been regularized and granted upgraded pay of remuneration.

3. The petitioners has referred to the cases of the respondent Nos. 7 and 8 as examples to show that the persons who were juniors to the petitioners have been given the benefits of higher pay scale and remuneration while denying the petitioners.

4. The learned counsel for the petitioners has submitted that in this regard, the petitioners have preferred several representations, the last of them being filed on 5th December, 2021. The learned counsel for the petitioners has submitted that, thereafter, the process was moved through the appropriate channel to consider the case of the petitioners for grant to relief. However, no relief was granted to the petitioners. Thereafter, the petitioners have preferred the present writ petition seeking the following reliefs:- “In the premises aforesaid, it is most respectfully prayed that your Lordship’s may be pleased to admit this petition, call for the records of the case, issue Rule, calling upon the respondents, to show cause as to why a Writ in the nature of mandamus/or any other appropriate writ or direction may not be issued directing the respondents/ authorities/ respondent no 1 & 2 to consider the fixea wages/remuneration of the petitioners as per Notification No.FEC

(11) 4/2014/414 dated 03/10/2019 of the casual employees. And/or why the order vide no CPRD/CW ( Pay Scale) 02/2022/336-338 Dated Guwahati 14th March 2022 allowing to draw fixed wages /remuneration to the respondents no 7 and 8 regarding the befits of Fixed wages shall not be set aside and quashed and after perusal the records your Lordship may be pleased to make the rule absolute and/ or pass any other appropriate order or direction as your Lordship may deem fit and proper in the facts and circumstances of the case so as to give full and complete relief to the petitioners. Pending disposal of the case the respondents no. 1,2 5 and 6 may be directed not to release the fixed wages of the respondents no 7 and 8 in terms the order vide no CPRD, CW (Pay Scale) 02/2022/336-338 Date Guwahati, 14th March 2022 of the respondent no 7 and 8 till final disposal of the above case.”

5. The learned counsel for the petitioners has submitted that as per instruction received, the matter has now again been referred the Commissioner & Secretary to the Government of Assam, in the Panchayat and Rural Department for consideration of the case of the petitioners.

6. The learned counsel for the petitioners further submits that for the present, the grievance of the petitioners would be redressed in the event the respondent No. 2 i.e. the Commissioner & Secretary to the Govt. of Assam, Panchayat and Rural Department and the P&RD Department is directed to take an appropriate decision on the representation filed by the petitioners within a specific period of time. The result of the consideration may be informed to the petitioners. In case the consideration is to the detriment of the petitioners, they may be grants liberty to approach the Court again.

7. The learned counsel for the Finance Department, Mr. R. Borpujari submitted that unless a decision is conveyed by the respondent No. 2, in consultation of the respondent No. 3 i.e. the Finance Department, there would be no finality in the mater.

8. Accordingly, this Court disposes of this present writ petition directing the respondent No. 2 to take a final decision on the representations and prayers made by the petitioners for up-gradation of their remuneration and the regularization of their services in accordance with law, if required, in consultation with the respondent No. 3, within a period of 6 (Six) months from the date of receipt of the certified copy of this order.

9. The result of the consideration shall be conveyed to the petitioners within a period of 1 (one) month date of decision being taken by the respondent No. 2. The petitioners thereafter would be at liberty to raise the grievances again, if necessary, in accordance with law. The respondent No. 5 shall also take all necessary steps timely so that the respondent No. 2 can comply with the directions of this Order.

10. Accordingly, the writ petition is disposed of. No cost. .

JUDGE Comparing Assistant