Page No.# 1/3 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 1105 Gua

                                                                    Page No.# 1/3

GAHC010178012019




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

                          Case No. : WP(C)/5540/2019

         NAZRUL HAQUE LASKAR AND ANR.
         S/O- LT ABDUL KARIM LASKAR, R/O- BOALIPAR PART-III, P.O. BOALIPAR
         BAZAR, P.S. AND DIST- HAILAKANDI, ASSAM

         2: ABUL HUSSAIN LASKAR
          S/O- LT ALAUDDIN LASKAR
          R/O- VILL- ALGAPUR
          PART-I
          P.O. KALIBARI BAZAR
          P.S. ALGAPUR
          DIST- HAILAKANDI
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
         FINANCE DEPTT., DISPUR, GHY-6

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GHY-6

         3:THE DIRECTOR
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          JURIPAR
          PANJABARI
          GHY-37

         4:THE CHIEF EXECUTIVE OFFICER
          HAILAKANDI ZILLA PARISHAD
          P.O.
          P.S. AND DIST.- HAILAKANDI
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             ASSA

Advocate for the Petitioner   : MR. M H LASKAR

Advocate for the Respondent : SC, FINANCE DEPTT.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ::ORDER::

Date : 29/03/2022

Heard Mr. M.H. Laskar, the learned counsel for the petitioners, Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department and Mr. A. Roy, the learned Standing Counsel for the PNRD Department.

The matter has been heard at length.

After hearing the matter, the learned counsel for the petitioners has produced

before this Court an office order dated 3 rd of January,2022 (sic 3 rd of January,2021) issued by the PNRD Department wherein not only prior FRBM employees have been granted the benefit of the judgment in the case of State of Assam Vs. Upen Das and Ors. dated 8/6/2017 but also post FRBM employees have also been granted the benefit. It further appears from a perusal of the said office order that the said order was passed on the basis of a letter from the Finance Department bearing No. FEC(II).80/2018/156 dated 16/9/2021.

For the purpose of the adjudication of the instant dispute, this Court deems it proper that the petitioner should bring on record the said office order by way of an affidavit.

The learned counsel for the Finance Department shall obtain instructions as regards the Finance Department's letter dated 16/9/2021 as referred to herein Page No.# 3/3

above and shall also produce the same by filing an additional affidavit. The learned counsel for the PNRD Department shall also take instructions as regards the office order dated 3/1/2022 (sic 3/1/2021) by the next date.

Let the matter be listed on 5/4/2022 as part heard.

JUDGE

Comparing Assistant