Gauhati High Court
Sanjay Bodo vs The State Of Assam And 4 Ors on 22 August, 2022
Page No.# 1/4
GAHC010162112022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5380/2022
SANJAY BODO
S/O LATE KANU BODO,
RESIDENT OF VILLAGE DAMADI HAWAR,
P.O. AND P.S. MAIBANG, PIN- 788831,
DISTRICT- DIMA HASAO, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HANDLOOM, TEXTILES AND SERICULTURE DEPARTMENT,
DISPUR, GUWAHATI- 781006.
2:THE DIRECTOR
HANDLOOM AND TEXTILES
ASSAM
GUWAHATI- 781001.
3:ASSAM KHADI AND VILLAGE INDUSTRIES BOARD
REPRESENTED BY ITS CHAIRMAN
CHANDMARI
GUWAHATI- 781003.
4:THE CHIEF EXECUTIVE OFFICER
ASSAM KHADI AND VILLAGE INDUSTRIES BOARD
GUWAHATI- 781003.
5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR- 781006
Page No.# 2/4
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 22.08.2022
Heard Mr. B D Das, learned Senior Counsel assisted by Mr. H R Das for the
petitioner, who submits that the petitioner by filing this writ petition is claiming the
balance arrear amount of Rs. 22,29,558/- which has not been paid to him and which
is towards the difference of salary as Manager, Assam Khadi Village & Industries
Board. He submits that the petitioner instead had been given the pay of Teli.
Aggrieved with the same, the petitioner had earlier approached this Court by filing
WP(C) No. 7203/2018 which was disposed of vide Judgment & Order dated
18.02.2020 by directing the respondent authorities to complete the exercise of
verifying and paying of the difference of pay to the petitioner.
However, as the amount due was not paid to the petitioner, the petitioner was
led into filing Cont. Cas(C) No. 256/2020. During the pendency of the contempt
petition it came to light that the Finance Department was a necessary party but was
not made a party in a writ petition and therefore, it was difficult to proceed with the
matter. Accordingly, the Contempt Petition was closed vide the Order dated 20.07.2022
granting liberty to the petitioner to approach the Court again by filing appropriate writ
Page No.# 3/4
petition. That is how the petitioner is again before this Court through this present writ
petition according to the learned Senior Counsel.
The learned Senior Counsel also submits that the Finance Department vide
Communication dated 02.03.2022 (Annexure-6) had directed the Commissioner &
Secretary, Govt. of Assam, Handloom Textile and Sericulture Department to comply
with the Court's direction as contained in the earlier round of litigation. However,
despite the same, the respondent authority concerned has failed to do so compelling
the petitioner to once again coming before this Court.
In view of above, let notice of motion be issued, returnable by 4 (four) weeks.
Mr. R Dhar, learned Standing Counsel appears and accepts notice on behalf of
respondent Nos. 1 & 2 while Mr. P K Munir, learned Standing Counsel, Assam Khadi
Village & Industries Board appears and accepts notice on behalf of respondent Nos. 3
& 4. Ms. A Tarana on behalf of Mr. P Nayak, learned Standing counsel, Finance
Department accepts notice on behalf of respondent No. 5. As such, formal notice is
not required upon the respondents but the petitioner shall furnish requisite extra
copies of the writ petition to all the counsel for the respondents within 2 days.
List the matter again after 4 (four) weeks on 27th of September, 2022 and
pendency of the writ petition shall not be bar the respondents from paying the
amount due to the petitioner.
Page No.# 4/4
Mr. R Dhar, learned Standing Counsel, Handloom Textile and Sericulture
Department be shown in the cause-list.
JUDGE
Comparing Assistant
