WP(C) 1578/2011 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. UK Nair, learned counsel for the petitioners as well a s Mr. BJ Ghosh, learned State Counsel. I have also heard Ms. A. Verma, learned S tanding Counsel, Finance Department. The petitioners numbering 10 have filed this writ petition for p ayment of monthly wages at the enhanced rate of Rs. 4500/- with effect from 1.2. 2010 in terms of Annexure-10 Office Memorandum dated 25.2.2010, by which monthly wage was enhanced from Rs. 3000/- to Rs. 4500/-. Presently the petitioners are getting monthly wage at fixed pay of Rs. 3000/-. It will be pertinent to mention here at this stage that monthly wages of casual/muster roll workers working in various departments had been enhanced from time to time. Initially it was Rs. 90 0/- which was enhanced to Rs. 1400/- and thereafter to Rs. 1800/-. There was fur ther rise to Rs. 2100 followed by Rs. 2500/-, 3000/- and finally Rs. 4500/-. The petitioners have crossed all the aforesaid stages of monthly wages. Presently they are stagnated at Rs. 3000/- per month. When the proposal of raising their salary up to Rs. 4500/- was made by the employer department an objection was raised by the Finance Department that their engagements were not w ith the approval of the Finance Department. However, the fact of the matter is t hat the petitioners have been continuing in their services for the last several years. As per the office memorandum dated 30.10.2001 (Annexure-6) while imposing ban on engagement of MRW/WC employees engaged after 1.4.1993, it was laid down that those, who are in employment at the time of issuance of the said office mem orandum dated 30.10.2001 would continue in their services as Muster Roll Worker/ Work Charged employees. It is on the basis of such policy decision of the Govern ment, the petitioners have been continuing in their services. On an earlier occasion, the Association of All Assam Handloom & Textile Sramik Santha, had approached this Court by filing writ petition being W P(C) No. 5980/2002 raising similar grievance, which was disposed of by judgment and order dated 10.3.2004 with the following direction: i) The respondent authority shall take appropriate steps fo r allocation of fund for payment to the members of the petitioner Association @ Rs. 1400/- with effect from 1.9.97 and @ Rs. 1800/- with effect from 1.10.98 app ointed prior to 1.4.93. ii) The respondent authority shall ascertain as to whether t he persons appointed after 1.4.93 with approval of the Finance Department and if so, fund should be released for payment to them at the rate of as indicated in the preceding para; and iii) Steps should also be initiated for consideration and reg ularization of the services of the members of the petitioner Association in acco rdance with the circular/memorandum dated 18.9.97, 14.10.98 and 30.10.2001 refer red to hereinabove. Never before the question of there being no sanction behind enga gement of the petitioners had been raised and in fact they have all along grante d the benefit of enhanced monthly wages barring the present one. If any approval is required from the Finance Department, such approval could have been accorded and granted ex-postfacto. The petitioners being similarly situated with other Muster Roll Workers/Casual Labourers discharging the same duties and responsibilities, canno t be deprived of their monthly wages at admissible rate which is Rs. 4500/- on t he ground of lack of sanction of the Finance Department. In view of the above, the writ petition is allowed directing the respondents to release the monthly wages to the petitioner at the rate of Rs. 4 500/- with effect from 1.2.2010. If any exercise is required to be carried out i n consultation with the Finance Department, same shall be carried as expeditious ly as possible, but at any rate, not later than 31.11.2011. Thereafter the petit ioners shall be paid their monthly wages both current and arrear consistently wi th the observations made above. Let a copy of this order be furnished to Ms. A. Verma, learned S tanding Counsel, Finance Department for her necessary follow up action.