Page No.# 1/3 vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2030 Gua

                                                                    Page No.# 1/3

GAHC010178012019




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

                          Case No. : WP(C)/5540/2019

         NAZRUL HAQUE LASKAR AND ANR.
         S/O- LT ABDUL KARIM LASKAR, R/O- BOALIPAR PART-III, P.O. BOALIPAR
         BAZAR, P.S. AND DIST- HAILAKANDI, ASSAM

         2: ABUL HUSSAIN LASKAR
          S/O- LT ALAUDDIN LASKAR
          R/O- VILL- ALGAPUR
          PART-I
          P.O. KALIBARI BAZAR
          P.S. ALGAPUR
          DIST- HAILAKANDI
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
         FINANCE DEPTT., DISPUR, GHY-6

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GHY-6

         3:THE DIRECTOR
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          JURIPAR
          PANJABARI
          GHY-37

         4:THE CHIEF EXECUTIVE OFFICER
          HAILAKANDI ZILLA PARISHAD
          P.O.
          P.S. AND DIST.- HAILAKANDI
                                                                         Page No.# 2/3

               ASSA

Advocate for the Petitioner   : MR. M H LASKAR

Advocate for the Respondent : SC, FINANCE DEPTT.




                                      BEFORE
                      HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

Date : 01.09.2021

Heard Mr. M.H. Laskar, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned standing counsel for the Finance Department and Mr. M. Nath, learned standing counsel for the P&RD Department.

The learned standing counsel for the P&RD Department seeks some more time to obtain instruction in terms of order dated 17.02.2021.

The prayer for time is allowed.

The learned counsel for the petitioners has submitted that the petitioners have served the State as work charged/ muster roll workers for more than 10 years and accordingly, the petitioners are entitled for fix pay benefit as per ratio laid down in the case of State of Assam Vs. Upen Das, (2017) 4 GLT 493 . It is also submitted that in the said order, there is no distinction is made in respect of workers who were engaged prior to AFRBM (Assam Fiscal Responsibility and Budget Management Act, 2005) or post AFRBM period and the said judgment also does not distinguish between workers who are engaged with prior approval of finance department or those who were engaged without obtaining prior approval. Accordingly, it is submitted that the petitioners have been treated differently.

Page No.# 3/3

Having regard to the nature of grievance raised in the present writ petition, one more opportunity is granted to the P&RD Department to obtain instruction in respect of the two petitioners herein and to positively file their affidavit-in- opposition at least 2 days prior to the next date of listing.

It is made clear that if affidavit-in-opposition is not filed within the time allowed, the Court may consider passing appropriate orders for personal appearance of the concerned respondents with all relevant records so as to assist the learned standing counsel for P&RD Department to respond to the Court query.

List on 27.09.2021.

JUDGE

Comparing Assistant