NAGENDRA NATH BAYAN AND ANOTHER Vs. THE DEPUTY SECURITY TO THE GOVERNMENT OF ASSAM, REVENUE (LAND REVENUE) DEPT., DISPUR AND ANOTHER

JUDGEMENT

(1.) The role of a State in a democratic society cannot but be that of a benevolent patriarch. Directive Principles of State Policy enshrined in Part IV of the Constitution expressly endow the State only with this role. The petitioner is a copyist in the office of the S. D. C; Tamulpur , under the Deputy Commissioner, Kamrup, but he has approached this Court not alone; the second petitioner is the All Assam Copyists Association of which he is a member. The grievance orchestrated in this petition is that though the copyists stand at the lowest rung of the towering ladder of bureaucracy their right to adequate means of livelihood could not, and should not, have been ignored by the patriarch rendering them almost destitutes.

(2.) It is averred that the members of the petitioner-association are copyists working in different offices in different parts of the State of Assam and that a large number of them have been in service for 20 years or more. They were being paid for their services at the rate of 16 paise per folio and in addition they were also paid each a monthly allowance totalling Rs. 45.90 comprising (a) Dearness allowance, (b) Cash allowance, (c) Extra cash allowance, (d) Interim relief and (e) Compensatory allowance in lieu of free ration. On and from 10th April/64 their "remuneration'' was raised from 16 paise to 30 paise in pursuance to the recommendation of the Assam Pay Commission, 1964. With effect from 1-12-1968 "the basic rate of remuneration" of the copyists was enhanced to 35 paise per folio but no rise was given in respect of the other allowances despite representations, it is averred, being submitted from time to time in respect thereto. With effect from 1-1-1973 came another rise (vide Annexure 3) but this time also in respect only of folio rate, from 35 paise to 50 paise, albeit pursuant to the recommendation of the Assam Pay Commission, 1973. An important policy decision was however taken at the fag end of the year 1979 as a result of which a communication was addressed (vide Annexure 5) by the Finance Department on 9-1-1980 to the Personnel Department by which, it appears, the earlier decision communicated on 14-9-1979 (vide Annexure-3) was substantially modified, The curtailment of the right guaranteed thereunder has formed the lis, according to the petitioners, to be adjudicated in this writ petition. We propose there fore, to extract from Annexure 5 the text thereof in extenso: "In continuation of this department letter No. FPC. 126/74/4, dated 14-9-1979 (copy enclosed), I am directed to convey the sanction of the Governor of Assam to the payment of a minimum monthly remuneration at the existing rate of 50 (fifty) paise per folio subject to the minimum monthly remuneration of Rupees 300/- w.e.f. 3-11-1979 to the Copyists and Typists Copyists attached to the Court of the Deputy Commissioners, District Judges and other subordinate offices under them including the Circle offices. Before this is implemented, all appointing authorities should make an assessment of the minimum number of Copyists and Typists Copyists required on the basis of the average work load at current rate of remuneration to justify expenditures on the basis of a minimum remuneration of Rs. 300/- and discharge the surplus. As the copyists and Typists Copyists will continue to be paid on a piece rate basis subject to a minimum of Rs. 300/- they should ordinarily be able to handle any seasonal increase of work and earn additional remuneration thereby. As a corollary no copyists and Typists Copyists should ordinarily be allotted work which will increase his/her total remuneration beyond Rs. 300/- P. M. unless and until all copyists and Typists Copyists in that establishment have been allotted enough work to justify remuneration of Rs. 300/- P. M. The expenditure will be met from the appropriate Budget Heads relating to the establishment of the Deputy Commissioners, District Judges and other Subordinate Offices."

(3.) The stand of the respondents, it appears, is that a decision was taken subsequently by which the Government regretted "their inability to arrange payment of the minimum monthly remuneration of Rs. 300/- per copyist while retaining a post of copyist for each circle office, irrespective of adequate work load for administrative inconvenience" and that "remuneration shall be determined on the basis of 50 paise per folio". This decision was communicated by respondent 1 to. the Deputy Commissioner, Goalpara, vide his letter dated 4-8-1982 (Annexure 6) copies of which were circulated a one other Deputy Commissioners as well. By referring to the said letter the Deputy Commissioner, Kamrup, passed an order (vide Annexure 7) to the effect that the "rate of remuneration as communicated in para 2 of the Government letter No. FPC. 126/74/64 dated 9-1-1982 shall not be operative with efect from 4-5-1982." The respondents are supporting before us the validity of these two letters/order (Annexures 6 and 7) which are challenged in this application by relying mainly on the construction of the letter dated 9-1-1982 (Annexure 5).