GAHC010072862025

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THE GAUHATI HIGH COURT

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

Case No. : WA/200/2025

SANJIB MAZUMDER

S/O SATYENDRA NATH MAZUMDAR, R/O S.T. ROAD, BADARPUR, P.O. AND

P.S. BADARPUR, DIST. KARIMGANJ, ASSAM, PIN 788806

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI 781006,

DIST. KAMRUP (M), ASSAM.

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECY.

FINANCE DEPTT.

DISPUR

GUWAHATI 781006 DIST. KAMRUP(M)

ASSAM.

3:THE DIRECTOR

MUNICIPAL ADMINISTRATION DEPTT.

ASSAM DISPUR

GUWAHATI 781006 DIST. KAMRUP (M)

ASSAM.

4:THE CHAIRPERSON

BADARPUR MUNICIPAL BOARD

BADARPUR DIST. KARIMGANJ ASSAM PIN 788806

5:THE EXECUTIVE OFFICER BADARPUR MUNICIPAL BOARD BADARPUR DIST. KARIMGANJ ASSAM PIN 788806

6:THE DEPUTY COMMISSIONER KARIMGANJ DIST. KARIMGANJ ASSAM PIN 788806

7:THE OFFICER SUPERINTENDENT CUM ACCTT. OFFICER OFFICE OF THE BADARPUR MUNICIPAL BOARD BADARPUR DIST. KARIMGANJ ASSAM PIN 78880 Advocate for the Petitioner : MR. B BARUAH, Advocate for the Respondent : SC, FINANCE DEPTT., MR. S. J. SARKAR (R-4,7),MR. S P CHOUDHURY(R-4,7),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 04.12.2025 [ N.Unni. Krishnan Nair, J ]

Heard Mr. B. Baruah, learned counsel for the appellant. Also heard Mr. S. J.

Sarkar, learned counsel, appearing for the respondent nos.4, 5 & 7.

2. The appellant by instituting the present intra-court appeal has assailed the Judgment And Order dated 04-03-2025 passed by the learned Single Judge in WP(C).No.5154/2022.

3. The appellant, herein, had instituted WP(C).No.5154/2022, inter alia, praying, therein, for a direction upon the authorities of Badarpur Municipal Board to authorize to the appellant the scale of pay of the post of Junior Engineer w.e.f. 01-07-2014, in pursuance to the resolutions as adopted by the Board in its meetings held on 27-08-

2012 and 30-08-2014.

The appellant, herein, was appointed as a Junior Engineer in the Technical Branch of the erstwhile Badarpur Town Committee (presently Badarpur Municipal Board), vide issuance of an order dated 31-03-2010. The appellant was so appointed on a consolidated pay of Rs. 4,500/-(Rupees Four Thousand Five Hundred) per month.

The Badarpur Town Committee in its meeting held on 27-08-2012 adopted a resolution to regularize the pay of the fixed pay Workers and Safaiwalas engaged in the office and to forward the pay scale so fixed in respect of each of such category of employees to the Government for approval.

4. The appellant had projected in the writ petition that similarly situated persons working on fixed pay basis were authorized a scale of pay but the said benefit was not extended to the appellant. The Badarpur Town Committee, thereafter in its meeting held on 30-08-2014 adopted a resolution to authorize to the appellant, herein, his salaries in the pay band of Rs. 5,200/-Rs.20,200/- with Grade Pay of Rs.3,300/- w.e.f 01-07-2014. In pursuance to the said resolution as adopted by the Badarpur Town Committee, the Chairperson of the Committee vide communication dated 06-09-2014, forwarded the said resolution to the Director, Municipal Administration, for approval of the scale as decided to be authorized to the appellant, herein. The proposals as forwarded by the Badarpur Town Committee, however did not receive the approval from the concerned authorities and the appellant continued to render his services on fixed pay basis.

5. It is in the above circumstances that the appellant had approached the Writ Court praying for reliefs as noticed, hereinabove. During the pendency of the writ petition, the Badarpur Municipal Board in its meeting held on 27-09-2024, arrived at a decision to extend the benefit of Regular Pay Scale in respect of 12 (twelve) fixed pay employees serving in the Board, including the petitioner, herein. In the resolution so adopted by the Board in its meeting held on 27-09-202