Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 6 Ors on 30 August, 2022
Page No.# 1/5
GAHC010154452022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5160/2022
MS. AMNIKA THAOSEN AND 8 ORS.
D/O- LATE BAIDYANATH THAOSEN
2: ANITA RANI PAUL
W/O- LATE SUSHENDRA PAUL
3: MAYA RANI DAS
W/O - LATE PARESH CH. DAS
4: ANIMA BORAH
W/O- LATE PURNESWAR BORAH
5: SAMU CHETRI
S/O LATE DILBAHADUR CHETRI
6: PRADIP NAMASUDRA
S/O- LATE SURESH NAMASUDRA
7: RATINDRA ROY
S/O- LATE PABITRA ROY
8: SHILPI PAUL
W/O PARTHA SARATHI DEB
9: RANGPURNA THAOSEN
S/O- LATE NAIOBARAN THAOSEN
ALL ARE R/O
VILL- MAIBANG
P.O AND P.S- MAIBANG
DIST- DIMA HASAO
Page No.# 2/5
ASSAM
PIN-78883
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HILLS AREAS DEPARTMENT, DISPUR,
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
3:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
PUBLIC WORKS ROADS DEPARTMENT
DISPUR
GUWAHATI-6
4:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
N.C HILLS AUTONOMOUS COUNCIL
DIMA HASAO
HAFLONG
ASSAM
PIN-788819
5:THE EXECUTIVE ENGINEER
PWD ( R AND B)
MAIBANG DIVISION
MAIBANG
DIST- DIMA HASAO
ASSAM
PIN-788831
6:THE TREASURY OFFICER
DIST- DIMA HASAO
HAFLONG
ASSAM
PIN-788819
7:THE TREASURY OFFICER
MAIBANG SUB TREASURY
MAIBANG
Page No.# 3/5
DIST- DIMA HASAO
ASSAM
PIN-78883
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
30.08.2022
Heard Shri H Talukdar, learned counsel for the petitioners and Shri B Gogoi,
learned counsel appearing for the Finance Department, Assam as well as Public Works
Department. Also heard Shri D Bora, learned counsel for the respondent no. 1-
Commissiner & Secretary to the Govt. of Assam whereas Ms. J Gogoi, learned counsel
appears for the respondent nos. 4 and 5.
2. The petitioners' case is that pursuant to paragraph 22 of the judgment of the
Hon'ble Division Bench of this Court in WA 45/2014 (The State of Assam Vs. Sri
Upen Das), which was disposed of on 08.06.2017, the petitioners were supposed to
be given the minimum scale of pay w.e.f. 01.08.2017. However, while the minimum
scale of pay had been provided to the petitioners vide order dated 29.06.2019, the
arrear pay from 01.08.2017 was not paid to the petitioners.
3. Shri Talukdar, the learned counsel for the petitioners submits that despite the
notification dated 08.03.2019 issued by the Commissioner & Secretary to the Govt. of
Assam, Finance Department, which states that arrears of pay from 01.08.2017 to
30.11.2018 would be paid after Cabinet approval in the financial year 2019-20, the
petitioners have not been paid their legitimate dues.
Page No.# 4/5
4. Shri Gogoi, learned counsel appearing for the Finance as well as Public Works
Departments has produced before this Court a letter No. ADT.47/2022/6, dated
23.08.2022 issued by the Under Secretary to the Govt. of Assam, Public Works Roads
(Audit Branch) Department, which states as follows:
" The arrear pay of Miss Anmika Thaosen & 8 others w.e.f. 01.08.2017 to 30.11.2018 could
not be released by this Department due to some anomalies in the Head of Account under
which necessary fund was allotted in the Budget by the Finance Department. Necessary
budget allotment was made by the Finance Department under the Detail Head "01" instead
of "02". Expenditure for payment Arrear pay/salary is incurred under the Detail Head "02".
Therefore, the concerned Treasury Haflong could not release the Arrear salary in respect of
Miss Anmika Thaosen & 8 others w.e.f. 01.08.2017 to 30.11.2018 during the Financial Year,
2019-20.
The Executive Engineer, PWD (R&B), Maibang Division, Haflong has been asked vide
this Department's letter No. ADT.08/2022/20, dated 22.08.2022 to prepare & submit SD
proposal for release of the Arrear Salary as mentioned above for placing the same before the
Assam Legislative Assembly during the forthcoming Winter Session to be held in the Month of
September, 2022.
If the said SD proposal gets passed by the Assam Legislative Assembly, then this
Department will be able to pay the Arrear Salary in respect of Miss Anmika Thaosen & 8
others.
You are requested to kindly apprise the Hon'ble High Court about the afore-mentioned
facts accordingly."
5. Shri Gogoi, learned counsel, accordingly submits that in view of the above letter
dated 23.08.2022 issued by the Under Secretary to the Govt. of Assam, Public Works
Roads (Audit Branch) Department, a direction can be issued to the respondent nos. 4
and 5 to submit a proposal for budget allotment and release of arrear pay/salary to
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the petitioners.
6. In view of the submission made by Mr. Gogoi, learned counsel for the Finance as
well Public Works Departments and keeping in view the letter dated 23.08.2022 issued
by the Under Secretary to the Govt. of Assam, Public Works Roads (Audit Branch)
Department, the respondent nos. 4 and 5 are directed to make a proposal for budget
allotment and release of arrear minimum scale of pay to the petitioners w.e.f.
01.08.2017 to 30.11.2018 within a period of 3 (three) months from the date of receipt
of a certified copy of this order.
7. The letter dated 23.08.2022 issued by the Under Secretary to the Govt. of
Assam, Public Works Roads (Audit Branch) Department is made a part of the record
and marked as Annexure 'X'.
8. The writ petition is, accordingly disposed of. No costs.
JUDGE
Comparing Assistant
