Page No.# 1/5 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 1231 Gua

                                                                 Page No.# 1/5

GAHC010065722022




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

                           Case No. : WP(C)/2461/2022

         MOKLESUR KAZI AND 8 ORS
         S/O MOKBUL HUSSAIN KAZI, R/O VILL-NAYAPARA, P.O.-FAKIRGANJ,
         DIST-DHUBRI, ASSAM

         2: HAZERA KHATUN
          D/O NAZRUL HOQUE
          R/O VILL-DUBACHURI PART-II
          P.O.-BARKANDA
          DIST-DHUBRI
         ASSAM

         3: ALAUDDIN KAZI
          S/O MOKBUL HUSSAIN KAZI
          R/O VILL-NAYAPARA
          P.O.-FAKIRGANJ
          DIST-DHUBRI
         ASSAM

         4: MORTUZ ALI
          S/O ABDUL BATEN
          R/O VILL-SAND BLOCK
          P.O.-JARUARCHAR
          DIST-DHUBRI
         ASSAM

         5: SAFIQUL ISLAM
          S/O ABDUS SOBHAN
          R/O NALIA PART-II
          P.O.-DIMAKURI
          DIST-DHUBRI
         ASSAM

         6: MONSER ALI
          S/O RUSTAM ALI
                                                    Page No.# 2/5

VILL-PANIJANI
P.O.-BHUMKA
DIST-KOKRAJHAR
ASSAM

7: SUBAR ALI
 S/O MAZAM ALI SHEIKH
 R/O VILL-KAZAIKATA PART-VI
 P.O.-KAZAIKATA
 DIST-DHUBRI
ASSAM

8: RASHIDA KHATUN
 D/O ABDUL KASHEM MIAH
 R/O GHAGMARI PART-II
 P.O.-HAMIDABAD
 DIST-DHUBRI
ASSAM

9: ABU NASER AHMED
 S/O SULTAN MOHAMMAD MIAH
 R/O VILL-CHIRAKUTHI BAZAR
 P.O.-CHIRAKUTH
 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
 O/O THE COMMISSIONERATE
 PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
 PANJABARI
 JURIPAR
 GUWAHATI-781037
                                                                     Page No.# 3/5

            4:THE CHIEF EXECUTIVE OFFICER
             DHUBRI ZILLA PARISHAD
             P.O.-DHUBRI
             DIST-DHUBRI
            ASSA

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 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-

Page No.# 4/5

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.

10. The entire exercise should be carried out within a period of 6 (six) months Page No.# 5/5

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