Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 5 April, 2022
Page No.# 1/5
GAHC010059612022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2469/2022
PRABHATI ROY AND 8 ORS
D/O- TARINI KANTA ROY, R/O- VILL. AND P.O. SAPATGRAM, DIST. DHUBRI,
ASSAM
2: SAMER ALI
S/O- JURMAT ALI
R/O- VILL.- NAYERALGA KHANDA-3
P.O. NAYER ALGA
DIST. DHUBRI
ASSAM
3: SAZEDA KHATUN
D/O- SAHER ALIL
R/O- VILL.- NAYERALGA KHANDA-3
P.O. NAYER ALGA
DIST. DHUBRI
ASSAM
4: OMAR ALI
S/O- GUNTU SHEIKH
R/O- VILL.- KILAHARA KHANDA-4
P.O. CHUNARI
DIST. DHUBRI
ASSAM
5: JOYNOB NASSA
D/O- MD. GAZI RAHMAN
R/O- VILL.- KAHAIKATA
KHANDA-6
P.O. KAJAIKATA
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
Page No.# 2/5
6: ZAKIR HUSSAIN
S/O- DERAJUDDIN AHMED
R/O- VILL.- SUBHASH NAGAR
WARD NO. 12
P.O. A.M. CO ROAD
P.S. AND DIST. DHUBRI
ASSAM
7: RAFIQUL ISLAM
S/O- MAYEJUDDIN
R/O- VILL.- JARUARCHAR
P.O. JARUARCHAR
DIST. DHUBRI
ASSAM
8: ABDUL SABUR
S/O- MAJAM ALI SK.
R/O- VILL.- KAJAIKATA
DIST. DHUBRI
ASSAM
9: JASMINARA BEGUM
D/O- JAMSHER ALI
R/O- VILL.- CHAWRANGIMORE
WARD NO.4
P.O. GAURIPUR
DIST. DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS
THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-781006.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-37.
3:THE JOINT DIRECTOR
OFFICE OF THE COMMISSIONERATE
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
Page No.# 3/5
PANJABRI
JURIPAR
GUWAHATI-781037.
4:THE CHIEF EXECUTIVE OFFICER
DHUBRI ZILLA PARISHAD
P.O. AND DIST. DHUBRI
ASSA
Advocate for the Petitioner : MR. T DEWAN
Advocate for the Respondent : SC, P AND R.D.
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".
Page No.# 4/5
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
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.
Page No.# 5/5
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
