Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 3 Ors on 5 April, 2022
Page No.# 1/6
GAHC010064142022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2483/2022
IDRISH ALI AND 16 ORS.
S/O. AMZAD HUSSAIN, VILL. JOYPUR, P.O. TARAKANDI, P.S. BAGHBAR,
DIST. BARPETA, ASSAM.
2: NEKIBAR RAHMAN
S/O. HANIFUDDIN AHMED
VILL. KOPOHA
P.O. BARPELLY
DIST. BARPETA
ASSAM.
3: RAFIQUL ISLAM BHUYAN
S/O. ABDUL BARIQUE BHUYAN
VILL. PACHIM MOINBARI
P.O. MOINBARI
P.S. KALGACHIA
DIST. BARPETA
ASSAM.
4: AMINA BEGUM
D/O. AMZAD ALI
VILL. BOGORIGURI
P.O. CHUKRANGBARI
DIST. BARPETA
ASSAM.
5: SANJIB KUMAR MORAL
S/O. TARUN CHANDRA MORAL
VILL. BOHORI
P.O. BOHORI HAAT
DIST. BARPETA
ASSAM.
Page No.# 2/6
6: ASSADULLA GALEB
S/O. ADBUR RAHMAN
VILL. SONPURA
P.O. JONIA
DIST. BARPETA
ASSAM
PIN-781314.
7: MD. IKBAL HUSSAIN
S/O. MATIAR RAHMAN
VILL. AND P.O. GUNIALGURI
P.S. KALGACHIA
DIST. BARPETA
ASSAM.
8: MD. NABIBAR RAHMAN
S/O. HANIFUDDIN AHMED
VILL. KOPUHA
P.O. MANDIA
DIST. BARPETA
ASSAM
PIN-781308.
9: MD. SHANA MIAH
S/O. KAJIM UDDIAN
VILL. DABANDIA
P.O. GUNIALGURI
P.S. KALGACHIA
DIST. BARPETA
ASSAM
PIN-781319.
10: MOFIDA KHATUN
D/O. ADBUR SOBUR KHALITA
VILL. AND P.O. KALGACHIA
P.S. KALGACHIA
DIST. BARPETA
ASSAM.
11: DEWAN ZAKIR HUSSAIN
S/O. DEWAN SUKUR ALI
VILL. DEBRADI
P.O. NAGAON
DIST. BARPETA
ASSAM.
Page No.# 3/6
12: MOHAMMAD HUSSAIN
S/O. MVI MUSLEMUDDIN AHMED
VILL. AND P.O. JOSHIHATI PARA
P.S. AND DIST. BARPETA
ASSAM
PIN-781316.
13: TAYEB ALI AHMED
S/O. LT. IDRISH ALI
VILL. TAPESWARA
P.O. BALAGAON
P.S. KALGACHIA
DIST. BARPETA
ASSAM
PIN-781319.
14: SULTANA SELIMA AHMED
D/O. LT. MATIAR RAHMAN
VILL. AND P.O. GUNIALGURI
P.S. KALGACHIA
DIST. BARPETA
ASSAM
PIN-781319.
15: HASINA KHATUN
W/O. SHAHAB UDDIN AHMED
VILL. GUNIALGURI
P.O. GUNIALGURI
DIST. BARPETA
ASSAM.
16: ARJINA AHMED
W/O. SOFIUR RAHMAN
VILL. BALAPAHAR
P.O. SHOWPUR
DIST. BARPETA
ASSAM
17: AMINUL ISLAM
S/O. SUKUR ALI
VILL. BAGCHARA
P.O. GAHIA
DIST. BARPETA
ASSAM
Page No.# 4/6
VERSUS
THE STATE OF ASSAM AND 3 ORS.
THROUGH THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-
781006.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
PANJABARI
JURIPAR
GUWAHATI-37.
3:THE JOINT DIRECTOR
OFFICE OF THE COMMISSIONERATE
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037.
4:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
P.O. BARPETA
DIST. BARPETA
ASSAM
Advocate for the Petitioner : MR S DAS
Advocate for the Respondent : SC, P AND R.D.
Page No.# 5/6
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-04-2022
Heard Mr. S. Das, learned counsel for the petitioners, who submits that
the petitioners are appointed and working as Tax Collector/Road Moharar/Office
Peon on casual basis in different Gaon Panchayats under the jurisdiction of the
respondent No. 4, prior to 01.09.2005.
2. The petitioners' case is that even though they have been working as Casual
Workers prior to 01.09.2005, their names are not included in the Pre-Assam
Fiscal Responsibilities Budget Management (AFRBM) list.
3. The petitioners' counsel submits that those persons, whose names are
included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM)
list, prepared by the Department on 01.01.2020, would be entitled to the
benefits of minimum regular scale of pay, in terms of the Judgment & Order
dated 08.06.2017 passed by the Division Bench of this Court in W.A. No.
45/2014, "State of Assam & Ors. Vs. Sh. Upen Das & 836 Ors".
4. The petitioners' prayer is that their names should be included in the Pre-
Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the
Department on 01.01.2020.
5. Mr. A. Roy, learned counsel appearing for the respondent Nos. 1 to 4
submits that the respondent authorities would have to verify all the appointment
orders of the petitioners and also take the approval of the Finance Department
for inclusion of their names in the Pre-Assam Fiscal Responsibilities Budget
Page No.# 6/6
Management (AFRBM) list, provided they survive the scrutiny.
6. On the oral prayer made by Mr. S. Das, learned counsel for the petitioners,
the Commissioner & Secretary to the Government of Assam, Finance
Department is impleaded as respondent No. 5.
7. Registry to make necessary correction to the cause title.
8. Mr. P. Nayak, learned counsel appears for the Finance Department.
9. On considering the fact that the present issue involves disputed questions
of fact, this Court is of the view that the matter should be decided by the
respondent authorities. Accordingly, the petitioners are given the liberty to file
individual representations, annexing their appointment orders, within a period of
2 (two) weeks from today. The representations should be addressed to the
respondent No. 2, who shall thereafter examine the petitioners' representations
and take a decision on the same, as to whether the petitioners can be included
in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list
prepared by the Department on 01.01.2020.
10. The entire exercise should be carried out within a period of 6 (six) months
from the date of receipt of a certified copy of this order along with the individual
representations submitted by the petitioners.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
