GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:
1. Heard Mr. K. Kalita, learned counsel for the petitioner, in both the petitions, and Mr. B. Kaushik, learned Standing Counsel for the respondent Nos. 1 to 4 in WP(C) No. 2976/2023. Also heard Mr. B. Kaushik, learned Standing Counsel for the respondent Nos. 1 to 5; Mr. A. Chaliha, learned Standing Counsel for the respondent No. 6 and Mr. B. Sarma, learned Standing Counsel, Accountant General, Assam (A.G.), for the respondent No. 7 in WP(C) No. 8342/2022.
2. Two writ petitions No. WP(C) No. 2976/2023 and WP(C) No. 8342/2022, both are preferred by the petitioner, namely, Shri Tankeswar Boruah. In WP(C) No. 2976/2023, under Article 226 of the Constitution of India, the petitioner has praying for issuing direction to the respondent authorities to grant minimum scale of pay, in terms of the Judgment of this Court dated 08.06.2017, in Writ Appeal No. 45/2014 (State of Assam & Anr. Vs. Shri Upen Das and 836 Ors.), and the Notification, dated 03.10.2019, issued by the Principal Secretary to the Government of Assam, Finance Department; and also to issue direction to the respondent authorities not to disturb the petitioner's engagement in the post of Night Chowkidar, in the Office of the Deputy Inspector of Schools, Majuli, Kamalabari, till his normal age of superannuation. 2.1 In WP(C) No. 2976/2023, the petitioner has challenged the order dated 18.04.2023, issued by the Deputy Inspector of Schools (i/c), Majuli and also the letter dated 05.03.2023, issued by the Director of Elementary Education, Assam and to allow him to continue in the post of Night Chowkidar in the Office of the Deputy Inspector of Schools, Majuli.
3. The background facts, leading to filing of the petitions are briefly stated as under -
"The petitioner was temporarily engaged on daily wage basis, in the Officer of the Deputy Inspector of Schools, Majuli on 01.02.2000. As per the said engagement letter, the petitioner was allowed to draw a fixed scale of pay @ Rs. 416/- per month. Subsequently, the petitioner was engaged on temporary basis, by issuing fresh engagement order and since 2000, he has been discharging his duty with utmost dedication and sincerity, without any break. The respondent authorities have been utilizing the services of the petitioner since 2000, by paying him fix pay @ Rs. 416/- per month only; and though he was assured that his service will be regularized after completion of 10 years of service, but they have not taken any steps for regularization of his service; and on the belief that his service will be regularized after completion of 10 years, he has been rendering his services without any protest. Since, after elapse of 10 years, no steps have been taken by the respondent authorities to regularize the service of the petitioner, he had submitted several representations before the respondent authorities for granting him minimum wages, as well as regularization of his service, but even after elapse of 22 years of service, the respondent authorities have neither taken any steps to regularize his service nor he has been paid the minimum wages as prescribed under the Minimum Wages Act, 1948; and being aggrieved, the petitioner approached this Court by filing the aforementioned petition, seeking the aforesaid reliefs.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpK6Eh9U68VLs8bf%2BeumvoD25J6fAzLO3xqmVLEyF1s4P&caseno=WP(C)/2976/2023&cCode=1&cino=GAHC010113162023&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
