Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 3 June, 2022
Page No.# 1/6
GAHC010087992022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3161/2022
KUSHAL KUMAR SARMA AND 19 ORS.
S/O- PRAHLAD KUMAR SHARMA
R/O- VILLAGE GANAKPARA
P.O- MAKRIKUCHI
DIST- BARPETA
PIN-781305, ASSAM
2: BILLAL HUSSAIN
S/O- MUNNAF DEWAN
R/O- VILLAGE GANAKPARA
P.O- MAKRIKUCHI
DIST- BARPETA
PIN-781305
ASSAM
3: BRAJEN SARKAR
S/O- MAHENDRA NATH SARKAR
R/O- VILLAGE BAMPARA
P.O- MAKRIKUCHI
DIST- BARPETA
PIN-781305
ASSAM
4: KAMAL HASAN
S/O- SHAIJ UDDIN
R/O- VILLAGE KACHIMPAR
P.O- KASUMARA
DIST- BARPETA
ASSAM
5: ABU BAKKAR SIDDIQUE
S/O- LATE OMAR ALI
R/O- VILLAGE CHANDMAMA
DIST- BARPETA
Page No.# 2/6
ASSAM
6: REZIYA KHATUN
S/O- TAJUDDIN DEWAN
R/O- VILLAGE GANAKPARA
P.O- MAKRIKUCHI
DIST- BARPETA
ASSAM
7: SASHINDRA SHARMA
S/O- MRIGENDRA SHARMA
R/O- VILLAGE BAMPARA
P.O- MAKRIKUCHI
DIST- BARPETA
ASSAM
8: ARATI BARMAN TALUKDAR
W/O- GANESH TALUKDAR
R/O- VILLAGE BATGAON
P.O- MAKRIKUCHI/CHENGA
DIST- BARPETA
ASSAM
9: KULJIT SARMA
S/O- LATE GUNJIT SARMA
R/O- VILLAGE BAMPARA
P.O- MAKRIKUCHI
DIST- BARPETA
ASSAM
10: BHABESH SARMA
S/O- PRAHLAD KUMAR SHARMA
R/O- VILLAGE GANAKPARA
P.O- MAKRIKUCHI
DIST- BARPETA
PIN-781305
ASSAM
11: MANJUWARA BEGUM
D/O- ANOWAR HUSSAIN DEWAN
R/O- VILLAGE GANAKPARA
P.O- MAKRIKUCHI
DIST- BARPETA
ASSAM
12: MD. SAIFUL ISLAM
S/O- ABDUL KARIM
Page No.# 3/6
R/O- VILLAGE AND P.O- GUNIALGURI
P.S- KALGACHIA
DIST- BARPETA
PIN-781319
ASSAM
13: TUTUMONI ROY
S/O- DWIPENDRA NATH ROY
R/O- VILLAGE AND P.O- CHENGA
DIST- BARPETA
ASSAM
14: ASHADUL ISLAM
S/O- JELKAT HUSSAIN
R/O- VILLAGE ADITPUR
P.O- GUNIALGURI
DIST- BARPETA
ASSAM
15: MD. TAHIDUL ISLAM
S/O- MOFIZUDDIN AHMED
R/O- VILLAGE SOKHOWARJHAR
P.O- DHARAMPUR
DIST- BARPETA
PIN-781305
ASSAM
16: FAKARUDDIN ALI
S/O- AMZAD ALI
R/O- VILLAGE BOGURIPATHAR
P.O- CHUKRUNGBARI
DIST- BARPETA
ASSAM
17: DIGANTA ROY
S/O- GOPAL CHANDRA ROY
R/O- VILLAGE BAMPARA
P.O- CHENGA
DIST- BARPETA
ASSAM
18: SURAVI BHARALI
W/O- ASHOK PATOWARY
R/O- VILLAGE CHUTIAPARA
P.O- BHELLA
DIST- BARPETA
ASSAM
Page No.# 4/6
19: SOLEMAN ALI
S/O-HELLAL UDDIN
R/O- VILLAGE KAKDHUA
P.O- GOMAFULBARI
DIST- BARPETA
ASSAM
20: PRANITA RANI SARKAR
D/O- SANATAN SARKAR
R/O- VILLAGE BAMPARA
P.O- MAKRIKUCHI
DIST- BARPETA
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS.
THROUGH THE PRINCIPAL SECRETARY. TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR,
GUWAHATI -781006.
2:THE SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI -781006.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
PANJABARI
JURIPAR
GUWAHATI -781037
4:THE JOINT DIRECTOR
OFFICEOF THE COMMISSIONERATE
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
PANJABARI
JURIPAR
GUWAHATI -781037
5:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
POST OFFICE- BARPETA
DIST- BARPETA
Page No.# 5/6
ASSA
Advocate for the Petitioner : MR. R MAJUMDAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 03.06.2022
Heard Mr. R. Majumdar, learned counsel for the petitioners, who submits that the
petitioners are appointed and working as Tax Collector/Road Moharar/LDA/Office Peon on
casual basis in different Gaon Pachayats under the jurisdiction of the respondent No. 5, 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-Assam
Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on
01.01.2020. The petitioners counsel further submits that this Court has disposed of similar
case, i.e. WP(C) No. 2469/2022 'Prabhati Roy & 8 Ors Vs. State of Assam & 3 Ors', vide order
dated 05.04.2022. He accordingly prays that the present case may be disposed of in line with
the order dated 05.04.2022 passed in WP(C) No. 2496/2022.
Page No.# 6/6
5) Mr. N. D. Sharma, learned counsel appearing for the respondent Nos. 1, 3, 4 & 5
and Ms. A. Tarana, learned counsel on behalf of Mr. P. Nayak, learned counsel for the
respondent No. 2 submit that the respondent authorities would have to verify all the
appointment orders of the petitioners and after taking approval of the Finance Department
for inclusion of their names in the Pre Assam Fiscal Responsibilities Budget Management
(AFRBM) list, the benefits could be granted to the petitioners, provided that they survive the
scrutiny.
6) The counsels for the respondents further submit that as a similar matter has been
disposed of, the present case can also be disposed of in line with the order dated 05.04.2022
passed in WP(C) No. 2469/2022.
7) 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. 3, 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.
8) The entire exercise should be carried out within a period of 6 (six) months from the
date of receipt of a certified copy of this order along with the individual representations
submitted by the petitioners. The above order is passed in line with the order dated
05.04.2022 passed in WP(C) No. 2469/2022.
9) The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
