GAUHATI HIGH COURT ISSUES ORDER ON SUNIL MUCHAHARY AND ORS V/S THE STATE OF ASSAM AND 3 ORS.

GUWAHATI, India, March 4 -- Gauhati High Court issued the following order on Feb. 4:

1. Heard Mr. A. Boro, learned counsel for the petitioners. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department for the respondent nos. 1, 2 & 3; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent no. 4 and Mr. NR Sarma, learned Standing Counsel, BTC for the respondent nos. 5 to 10.

2. The grievance raised in this writ petition is for a direction to the respondent authorities to provide the minimum pay scale in terms of the judgment and order passed by this Court in the case of State of Assam Vs. Upen Das reported in 2020 (5) GLT 605 and the Government Notification dated 08.03.2019.

3. The petitioners, 65 in numbers, are the Members of an NGO, namely, Manas Maozigendri Ecotourism Society of Khamardwisa, Lwkhibazar in the district of Baksa, a registered Society registered under the provisions of the Societies Registration Act, 1860.

4. It is the case of the petitioners that they have been engaged as a Service Provider / Casual Worker for protection of Forest & Wildlife in different ranges from 2003 to 2007 under Manas Tiger Reserved Forest in the district of Baksa due to shortage of man power in the Department and the petitioners are dedicatedly rendering their services since their appointments on a meager wages.

5. It is the contention of the petitioners that the BTC Authorities has considered for providing the minimum pay scales to some of the similarly situated Service Provider / Casual Worker while the cases of the petitioners has been left out, which resulted in deprivation of the petitioner to receive the minimum pay scale.

6. Mr. Boro, learned counsel for the petitioners submits that the petitioners are entitled to get the benefit of minimum pay scale in terms of the judgment and order passed by this Court in the case of Upen Das (supra) and Government Notification dated 08.03.2019. He submits that there is no dispute as regards the engagement of the petitioners as they have been rendering their services continuously since their engagements till date with a meager wages and similarly situated persons have been granted minimum scale of pay in terms of the direction passed in the case of Upen Das (supra).

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxcOCJBhhQl4zdJRPcTJedlxwIuRFR%2BTjPi95MXL7nPN&caseno=WP(C)/2243/2025&cCode=1&cino=GAHC010087492025&state_code=6&appFlag=)

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