Gauhati High Court

WP(C)/1617/2025 of KUNJALATA MEDHI DEKA Vs THE STATE OF ASSAM AND 3 ORS on 10 February 2026

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GAHC010059122025 2026:GAU-AS:2165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1617/2025 KUNJALATA MEDHI DEKA W/O- LATE KESHAB DEKA, R/O- VILL.- SARTHEBARI, WARD NO. 5 ,P.O. SARTHEBARI, DIST. BARPETA, ASSAM, PIN- 781307. VERSUS THE STATE

GAHC010059122025

2026:GAU-AS:2165

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1617/2025

KUNJALATA MEDHI DEKA

W/O- LATE KESHAB DEKA, R/O- VILL.- SARTHEBARI, WARD NO. 5 ,P.O.

SARTHEBARI, DIST. BARPETA, ASSAM, PIN- 781307.

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.

2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION

ASSAM

DISPUR

GUWAHATI-6.

3:THE EXECUTIVE OFFICER

SARTHEBARI MUNICIPAL BOARD SARTHEBARI

P.S. SARTHEBARI

DIST. BARPETA

ASSAM

PIN- 781807.

4:THE CHAIR-PERSON

SARTHEBARI MUNICIPAL BOARD SARTHEBARI

P.S. SARTHEBARI

DIST. BARPETA

ASSAM

PIN- 781807

Advocate for the Petitioner : MR. I H SAIKIA, MS. P SAHARIA,V KHAKHALARY,C

SARMA,MR. B BORAH,MR. K KALITA,MR. M R CHOUDHURY,MR K KASHYAB

Advocate for the Respondent : GA, ASSAM, MS. J CHETTRY (R-4),SC, SEC. EDU.

BEFORE

HON’BLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

11.02.2026 Heard Mr I H Saikia, learned counsel appearing for the petitioner. Also heard Ms J Chettry, learned counsel appearing for the respondent Nos. 3 and 4.

2. The petitioner is an employee under the Sarthebari Municipal Board, where he was initially appointed on 28.10.2015 as a Muster Roll Worker under the Sarthebari Town Committee as it stood then under compensatory ground. She accordingly, joined. She was later promoted as the Lower Division Assistant in the office. By the order dated 01.03.2024, the petitioner was informed of the decision to regularize her services and of her appointment as a Lower Division Assistant at the pay in the scale of Rs. 14,000/-- to Rs. 49,000/-, with Grade Pay of Rs. 5,600 plus other allowances applicable w.e.f. 01.03.2023.

3. It is the case of the petitioner that she has not received the appropriate salaries after her posting as the LDA, and, therefore, she has approached this Court, praying for a direction to the respondents to grant her the appropriate salary, both arrear and current.

4. The respondent No. 4 has filed an affidavit, wherein a stand was taken that it was only due to lack of fund that the writ petitioner could not be paid her regular scale of pay.

5. It is trite law that lack of fund cannot be taken up as a ground not to pay legal dues to regular employees serving in an organization.

6. It has also been submitted by the learned counsel appearing for the Municipal Board that now, as two or three employees have been superannuated, the funds can be arranged.

7. In the above circumstances, this writ petition is disposed of directing the respondent Nos. 2, 3 and 4, to make necessary arrangements for payment of the salary of the petitioner at the rate, to which she is entitled to, on and from the month of March, 2026. Arrear salaries, if any, payable to the petitioner, prior to March, 2026, shall be calculated and paid to her within a period of 6 (six)months from the date of receipt of the certified copy of the order.

8. Writ petition is accordingly disposed of.

9. No cost(s).

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