Sheikh Mozibar Rahman vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1963 Gua

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GAHC010087972022




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

                         Case No. : WP(C)/3154/2022

         SHEIKH MOZIBAR RAHMAN
         S/O- MAHIBULLAH SHEIKH, R/O- VILL. DHUMAGURA, P.O. ANGUMONI,
         DIST.- KAMRUP, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         THROUGH THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, PANCHAYAT
         AND R.D. DEPTT., DISPUR, GHY.- 781006

         2:THE SECRETRY TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI- 781006.

         3:THE COMMISSIONER
          PANCHAYAT AND R.D. DEPTT.
         ASSAM
          PANJABARI
          JURIPAR
          GUWAHATI- 37.

         4:THE JOINT DIRECTOR
          O/O THE COMMISSIONERATE
          PANCHAYAT AND R.D. DEPTT.
         ASSAM
          PANJABARI
          JURIPAR
          GUWAHATI- 781037.

         5:THE CHIEF EXECUTIVE OFFICER
          KAMRUP ZILLA PARISHAD
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             DIST.- KAMRUP
             ASSAM

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 petitioner, who submits that the petitioner was appointed and working as Tax Collector on casual basis in Bankakata Gaon Pachayat under the jurisdiction of the respondent No. 5, prior to 01.09.2005.

2) The petitioner's case is that even though he has been working as Casual Workers prior to 01.09.2005, his name was not included in the Pre Assam Fiscal Responsibilities Budget Management (AFRBM) list.

3) The petitioner's 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 petitioner's prayer is that his name should be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020. The petitioner's 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.

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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 order of the petitioner and after taking approval of the Finance Department for inclusion of his name in the Pre Assam Fiscal Responsibilities Budget Management (AFRBM) list, the benefits could be granted to the petitioner, provided that he survives 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 petitioner is given the liberty to file a representation, annexing his appointment order, within a period of 2 (two) weeks from today. The representation should be addressed to the respondent No. 3, who shall thereafter examine the petitioner's representation and take a decision on the same, as to whether the petitioner 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 representation submitted by the petitioner. 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