Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 9 May, 2022
Page No.# 1/5
GAHC010061882022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2653/2022
SHAJAHAN ALI AHMED AND 5 ORS
S/O. JALALUDDIN AHMED, VILL. NAPAM PARA, PART-1, P.O. BAHATI, DIST.
GOALPARA, ASSAM.
2: SAJIDA PARBIN
D/O. ABDUS SALAM
VILL. PUKHURIPAR
P.O. ALIKASH
DIST. GOALPARA
ASSAM.
3: ROFIQUAL ISLAM MANDAL
S/O. AYNAL MANDAL
VILL. 63 CHALLAKURAR CHAR
P.O. MAJARCHAR
DIST. DHUBRI
ASSAM.
4: SHIRAJUL HOQUE AHMED
S/O. JOHIRUDDIN AHMED
VILL. GHORAMARA PATHAR
P.O. GHORAMARA
DIST. GOALPARA
ASSAM.
5: RABIUL HUSSAIN
S/O. ZAMALUDDIN
VILL. MAILKUCHI
P.O. BAHALLA
DIST. GOALPARA
ASSAM.
6: RUKIAYA KAHTUN
D/O. MVI MD. IDRISH ALI
Page No.# 2/5
VILL. NAYAPARA
P.O. BAHATI
DIST. GOALPARA
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
THROUGH THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-
781006.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037.
3:THE JOINT DIRECTOR
OFFICE OF THE COMMISSIONERATE
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037.
4:THE CHIEF EXECUTIVE OFFICER
GOALPARA ZILLA PARISHAD
P.O.
DIST. GOALPARA
ASSAM
Advocate for the Petitioner : MR. T DEWAN
Advocate for the Respondent : SC, P AND R.D.
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 09.05.2022
Heard Mr. S. Das, learned counsel for the petitioners as well as Mr. A Dey, learned
counsel appearing on behalf of Mr. A Konwar, learned Senior Standing Counsel, PNRD and Mr.
P Nayak, learned counsel for the Finance Department.
2. Mr. S Das, learned counsel for the petitioner submits that the petitioners were
appointed and working as Tax Collector/Road Moharar/Office Peon on casual basis in different
Gaon Panchayats under the jurisdiction of the respondent No. 4, prior to 01.09.2005.
3. 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.
4. 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".
5. 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.
6. Mr. A. Dey, learned counsel appearing for the respondent Nos. 1 to 4 submits that the
Page No.# 4/5
respondent authorities would have to verify all the appointment orders of the petitioners and
also take the approval of the Finance Department for inclusion of their names in the Pre-
Assam Fiscal Responsibilities Budget Management (AFRBM) list, provided they survive the
scrutiny.
7. On the oral prayer made by Mr. S. Das, learned counsel for the petitioners, the
Commissioner & Secretary to the Government of Assam, Finance Department is impleaded
as respondent No. 5.
8. Registry to make necessary correction to the cause title.
9. Mr. P. Nayak, learned counsel appears for the Finance Department.
10. 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. 2, 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.
11. 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 writ petition is accordingly disposed of.
JUDGE
Page No.# 5/5
Comparing Assistant
