Abdul Mannan Barbhuiya vs The State Of Assam And 5 Ors
2022 Latest Caselaw 4951 Gua

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GAHC010254662022




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

                         Case No. : WP(C)/8021/2022

         ABDUL MANNAN BARBHUIYA
         S/O- MONIR ALI BORBHUIYA ,
         R/O-VILLAGE KANCHANPUR I, P.O- RATAKANDI,
         P.S AND DIST- HAILAKANDI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT DISPUR,
         GUWAHATI-6, ASSAM

         2:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6
         ASSAM

         3:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT DISPUR
          GUWAHATI-6
         ASSAM

         4:UNDER SECRETARY
         TO THE GOVT. OF ASSAM
          DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT DISPUR
          GUWAHATI-6
         ASSAM

         5:BLOCK DEVELOPMENT OFFICER
          HAILAKANDI DEVELOPMENT BLOCK
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             HAILAKANDI
             ASSAM

            6:CHIEF EXECUTIVE OFFICER
             ZILLA PARISHAD
             HAILAKANDI
            ASSA

Advocate for the Petitioner   : MS P AGARWAL

Advocate for the Respondent : SC, P AND R.D.




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                         ORDER

Date : 14-12-2022

Heard Ms. P Agarwal, learned counsel for the petitioner, Mr. NK Dev Nath, learned counsel for the respondents No. 1, 3, 4, 5 and 6 being the authorities in the P&RD and Mr. B Gogoi, learned counsel for the respondent No. 2 being the authorities in the Finance Department of the Government of Assam.

2. The petitioner was casually engaged as Peon as per the resolution No. 7 of the Anchalik Panchayat Body w.e.f. 24.03.2004 and the order of appointment was issued by the Block Development Officer, Hailakandi Development Block. The petitioner claims for the financial benefits as provided in the judgment dated 08.06.2017 in WA No. 45/2014 and for the purpose had submitted a representation dated 05.11.2020 before the Commissioner, P&RD, Assam.

3. In view of the limited grievance raised, the Commissioner, P&RD, Assam is directed to pass a reasoned order on the representation of the petitioner dated 05.11.2020. It is noticed that the said representation is a joint representation of three such similar employees. Claim for financial benefit under the judgment of Page No.# 3/3

the Writ Appeal No. 45/2014 is an individual right.

4. Accordingly, the petitioner shall file a fresh individual representation before the Commissioner, P&RD, Assam raising the grievance and upon such individual representation being submitted, the Commissioner shall pass a reasoned order thereon within a period of one month from the date of receipt of such representation. The representation be considered as per the notification dated 03.10.2019 which had been issued pursuant to the requirement of the judgment in WA No. 45/2014.

The writ petition is disposed of as indicated above.

JUDGE

Comparing Assistant