Md. Akher Ali vs The State Of Assam And 3 Ors
2022 Latest Caselaw 1230 Gua

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GAHC010059622022




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

                          Case No. : WP(C)/2463/2022

         MD. AKHER ALI
         S/O MD. ABDUL SATTAR, R/O VILL-NARAYAN GAON, P.O.-TINIPUKHURI,
         DIST-NALBARI, ASSAM



         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
          O/O THE COMMISSIONERATE
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
         ASSAM
          PANJABARI
          JURIPAR
          GUWAHATI-781037

         4:THE CHIEF EXECUITVE OFFICER
          NALBARI ZILLA PARISHAD
          P.O.-NALBARI
          DIST-NALBARI
         ASSA
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Advocate for the Petitioner   : MR S DAS

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 petitioner, who submits that the petitioner was appointed and working as a Tax Collector on casual basis in 17 No. Alia Gaon Panchayat under the jurisdiction of the respondent No. 4, prior to 01.09.2005.

2. The petitioner's case is that even though he has been working as a Tax Collector prior to 01.09.2005, his name was not included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared on 01.01.2020.

3. The petitioner's counsel submits that those persons, who 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 petitioner's prayer is that his name should be included in the Pre- Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020.

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5. Mr. A. Roy, learned counsel appearing for the respondent Nos. 1 to 4 submits that the respondent authorities would have to verify the appointment order of the petitioner and approval of the Finance Department would have to be taken for inclusion of the petitioner's name in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list.

6. On the oral prayer made by Mr. S. Das, learned counsel for the petitioner, 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 petitioner is given the liberty to file a representation, annexing his appointment order, within a period of 2 (two) weeks from today. The representation should be addressed to the respondent No. 2, who shall thereafter examine the petitioner's representation and take a decision as to whether the petitioner 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 representation submitted by the petitioner.

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The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant