Gauhati High Court
Joycharan Deka vs The State Of Assam And 4 Ors on 19 January, 2022
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GAHC010007322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/287/2022
JOYCHARAN DEKA
S/O LATE KESHAB DEKA
R/O VILL- MOUKUCHI, P.O. PUTHIARI
P.S. KAMALPUR, DIST. KAMRUP, ASSAM, PIN-781380
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE FINANCE DEPARTMENT
GOVT. OF ASSAM
REP. BY ITS PRINCIPAL SECRETARY
DISPUR
GUWAHATI-06.
3:THE ACCOUNTANT GENERAL (A AND E)
MAIDAMGAON
BELTOLA
GUWAHATI-29.
4:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
CHANDMARI
GUWAHATI-03.
5:THE EXECUTIVE ENGINEER
GUWAHATI E AND D DIVISION
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GUWAHATI-09
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
19.01.2022
Heard Mr. M. A. Sheikh, the learned counsel for the petitioner. Also heard Mr.
P. Nayak, the learned Standing Counsel for the Finance Department and Mr. B.
Chakraborty, the learned Standing Counsel for the Accountant General (A&E).
The claim of the petitioner is that he is an employee working under the
respondent No. 5 i.e. the Executive Engineer, Guwahati West E&D Division,
Guwahati since 10.07.1993 getting fixed scale of pay. His claims is that as per
the judgment dated 08.06.2017 passed by this Court in WA No. 45/2014 and
pursuant to the Notification dated 03.10.2019, issued by the Department of
Finance, Government of Assam, the petitioner is entitled to fix pay of Rs.
15,900/- per month along with dearness allowance and medical allowance of Rs.
600/-. But the respondent authority has not considered his case till date and
person similarly situated has already been granted such benefit of the aforesaid
judgment as well as the Notification dated 03.10.2019. This court proposes to
dispose of the present writ petition at the motion stage itself on the basis of the
consensus at the bar in the following terms:-
(i) The respondent No. 5 shall verify the service particular of
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the petitioner and if the petitioner fulfills the conditions as laid
down in the Notification dated 03.10.2019 under No.
FEC(II)4/2014/414-A (Annexure-7) and if the petitioner satisfies
the said conditions, the said respondent No. 5 shall forward the
same to the respondent No. 1 who in turn after verification if
finds it to be inconformity with the Notification dated 03.10.2019
(supra) forward the same to the respondent No. 2.
(ii) The respondent No. 2 on receipt of such communication
shall consider the case of the petitioner for grant of benefit as per
the Notification dated 03.10.2019 (supra) and if the petitioner is
entitled, the same shall be granted to him. Whatever decision is
taken by the respondent No. 2, the same shall be communicated
to the petitioner.
(iii) Entire process shall be completed at the stage of
respondent No. 5 and respondent No. 1 within a period of four
weeks from the date of receipt of the certified copy of the order
passed by this court to be furnished by the petitioner to the
respondent No. 5.
(iv) The respondent No. 2 shall complete his responsibility as
directed in the present writ petition in the next meeting of the
Committee.
(v) If the case of the petitioner has already been considered
and decision has been taken, this exercise need not be carried
out afresh. However, the decision shall be communicated to the
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petitioner forthwith so that the petitioner can avail his remedy
against his grievances.
In terms of the aforesaid, this writ petition is disposed of. However, no order
as to cost.
JUDGE
Comparing Assistant
