Page No.# 1/ vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1608 Gua

                                                               Page No.# 1/10

GAHC010317212019




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

                         Case No. : WP(C)/9562/2019

         DINADAYAL RABHA AND 33 ORS
         S/O- LATE DABHAG RAM RABHA, VILL- SANTINAGAR WARD NO. 17, P.O-
         BALADMARI, DIST- GOALPARA, ASSAM, PIN- 783121

         2: SUSHIL KR RAY
          S/O- LATE UPENDRA RAY
         VILL- TILAPARA
          P.O- GOALPARA
          DIST- GOALPARA
         ASSAM
          PIN- 783101

         3: NAREN CH BARMAN
          S/O- LATE RAM KANTA BARMAN
         VILL- MUKHIGAON
          P.O- SAKTI ASHRAM
          DIST- KOKRAJHAR
         ASSAM
          PIN- 783370

         4: PULIN CH DAS
          S/O- LATE NAGENDRA CH DAS
         VILL- B C PATH
          GOALPARA
          P.O- GOALPARA
          DIST-GOALPARA
         ASSAM
          PIN- 783101

         5: TAPAN DAS
          S/O- LATE PRASANNA KR DAS
         VILL- MORNAI
          DIST- GOALPARA
         ASSAM
                                Page No.# 2/10

PIN- 783101

6: BABUL CH BAISHYA
 S/O- LATE JAGEN CH BAISHYA
VILL- NABHETI
 P.O- MORIGAON
 DIST- MORIGAON
ASSAM
 PIN- 782105

7: DILIP KR DAS
 S/O- LATE MAKHAN LAL DAS
VILL- ROWMARI WARD NO.7
 P.O- CHAPAR
 DIST- DHUBRI
ASSAM
 PIN- 783301

8: TARUN CH DEKA
 S/O- SUKHNA RAM DEKA
VILL- BAKHRAPARA PART II
 P.O- BONGAIGAON
 DIST- BONGAIGAON
ASSAM
 PIN- 783380

9: KANDARPA KR SARMA
 S/O- LATE DHIRESWAR SARMA
VILL- BAKAITARI PART-II
 P.O- BAKAITARI
 DIST- GOALPARA
ASSAM
 PIN- 783101

10: GOBINDA GHOSH
 S/O- LATE BARJANATH GHOSH
VILL- GOALTULI
WARD NO. 6
 P.O- GOALPARA
 DIST- GOALPARA
ASSAM
 PIN- 783101

11: BIKASH PATOWARY
 S/O- LATE TAPENDRA PATOWARY
VILL- KABULI BAGAN
WARD NO. 1
 P.O- BIJNI
                                   Page No.# 3/10

DIST- CHIRANG
ASSAM
PIN- 783390

12: THABIN BASUMATARY
 S/O- DANDI RAM BASUMATARY
VILL- THAIGIRGURI
 P.O- SERFANGGURI
 DIST- KOKRAJHAR
ASSAM
 PIN- 783370

13: NAREN CH HAZARIKA
 S/O- LATE LAKHI KANTA HAZARIKA
VILL- PANIGAON
 P.O- NAGAON
 DIST- NAGAON
ASSAM
 PIN- 782001

14: SARAT KAKATI
 S/O- LATE KESHA RAM KAKATI
VILL- DEWRIGAON
 P.O- DEWRIGAON
 DIST- NAGAON
ASSAM
 PIN- 782001

15: WAHID KHAN
 S/O- LATE SIRAJ KHAN
VILL- KATANIGAON
 P.O- NAGAON
 DIST- NAGAON
ASSAM
 PIN- 782001

16: PRABHAT CH DAS
 S/O- LATE RASHODHAR DAS
VILL- MASGAON
 P.O- RAHA
 DIST- NAGAON
ASSAM
 PIN- 782001

17: RAMEN BORA
 S/O- LATE AKAN BORA
VILL- SOUTH BARAPUJIA
 P.O- KHAPLANGKUCHI
                              Page No.# 4/10

DIST- NAGAON
ASSAM
PIN- 782001

18: KAMALA KANTA DEKA
 S/O- LATE JALI RAM DEKA
VILL- SARAGAON
 P.O- SARAGAON
 DIST- NAGAON
ASSAM
 PIN- 782001

19: RAJENDRA NATH DEKA
 S/O- LATE KESHA RAM DEKA
VILL- SARAGAON
 P.O- SARAGAON
 DIST- NAGAON
ASSAM
 PIN- 782001

20: DHARMESWARI GOGOI
W/O-LATE SARBANANDA GOGOI
VILL- AHOMGAON
 P.O- CHARAIBAHI
 DIST- MORIGAON
ASSAM
 PIN- 782105

21: PRABIN PHUKAN
 S/O- BAPARAM PHUKAN
VILL- ROHACHAKI
 P.O- ROHA
 DIST- NAGAON
ASSAM
 PIN- 782001

22: TILESWAR GOGOI
 S/O- LATE PRITAM GOGOI
VILL- KAPAHARA
 P.O- KAPAHARA
 DIST- MORIGAON
ASSAM
 PIN- 782105

23: JAYANTI GOGOI
W/O- LATE CHANDRA GOGOI
VILL- BHAKATGAON PHUKANTUL
 P.O- KAPAHARA
                                    Page No.# 5/10

DIST- MORIGAON
ASSAM
PIN- 782105

24: SARAT CH RAJA
 S/O- LATE NANDI RAJA
VILL- RAIDONGIA RAJAGAON
 P.O- AIBHITI
 DIST- NAGAON
ASSAM
 PIN- 782001

25: RAM CHANDRA BASUMATARY
 S/O- RABI RAM BASUMATARY
VILL AND P.O- RAMFALBIL
 DIST- KOKRAJHAR
ASSAM
 PIN- 783370

26: BANGSHI DEKA
 S/O- LATE MANESWAR DUTTA
VILL- MARIGAON FULBARI WARD NO.4
 P.O- MORIGAON
 DIST- MORIGAON
ASSAM
 PIN- 782105

27: ASHOK KR BRAHMA
 S/O- LATE AMAR BRAHMAN
VILL- DUMURIGURI
 P.O- DUMURIGURI
 DIST- KOKRAJHAR
ASSAM
 PIN- 783370

28: RAJIB BORGOHAIN
 S/O- LATE MANIK BORGOHAIN
VILL- PANIDIHINGIAGAON
 P.O- KAMARGAON

DIST- GOLAGHAT
ASSAM
PIN- 785621

29: KAMALESWAR NATH
 S/O- RATNESWAR NATH
VILL- SIDHABARI
 P.O- NATUNGAON
                                                        Page No.# 6/10

DIST- MORIGAON
ASSAM
PIN- 782105

30: BASANTI KOAR
W/O- LATE MANSHA SING
VILL- SINGGAON
 P.O- CHAPARMUKH
 DIST- NAGAON
ASSAM
 PIN- 782001

31: SURENDRA NATH SAIKIA
 S/O- LATE MOHARAM SAIKIA
VILL- FENCHOWAGAON
 P.O- FENCHOWA GAON
 DIST- NAGAON
ASSAM
 PIN- 782001

32: GIRINDRA NATH ROY
 S/O- LATE HARASUNDAR ROY
VILL- KALDUBA PART- III
 P.O- AGOMANI
 DIST- DHUBRI
ASSAM
 PIN- 783301

33: RATNESWAR SAIKIA
 S/O- LATE BANGSHIDHAR SAIKIA
VILL- MIKIRHAR HATIGAON
 P.O- SANGIA
 DIST- NAGAON
ASSAM
 PIN- 782001

34: CHITTARANJAN HAZARIKA
 S/O- LATE KHITESWAR HAZARIKA
VILL- KOCHARGAON
 P.O- CHAKALAGHAT
 DIST- NAGAON
ASSAM
 PIN- 78200

VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR,
                                                                    Page No.# 7/10

             GUWAHATI- 781006, ASSAM

             2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
              FINANCE DEPTT
              DISPUR
              GUWAHATI- 781006
             ASSAM

             3:THE SECRETARY
             TO THE GOVT OF ASSAM
              IRRIGATION DEPTT
              DISPUR
              GUWAHATI- 781006
             ASSAM

             4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORP LTD
              REP. BY ITS MD ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORP.
             LTD.
              ULUBARI
              GUWAHATI- 781007
             ASSAM

             5:THE MANAGING DIRECTOR
             THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORP. LTD
              ULUBARI
              GUWAHATI- 781007
             ASSA

Advocate for the Petitioner   : MR P BHARADWAJ

Advocate for the Respondent : GA, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

13.05.2022

Heard Mr. P Bharadwaj, learned counsel for the petitioners. Also heard Ms. A Talukdar, learned counsel for the respondent No. 1 and Mr. R Barpujari, Page No.# 8/10

learned counsel for the respondent No. 2. None appears for the Irrigation Department though name has been shown in the cause list.

2. The petitioners are erstwhile employees of Assam State Minor Irrigation Development Corporation Limited (in short ASMIDC). The said corporation was incorporated for the purpose of improving, establishing, executing shallow tubewells and low lift project in the State of Assam for advancement of Minor Irrigation.

3. Initially by notification dated 13.05.2005 issued by the Secretary to the Government of Assam, Irrigation Department offered VRS benefits to 302 numbers of regular employees including the petitioner on the basis of notification dated 20.09.2004. Though such VRS was implemented, alleging non release of benefits under such VRS, the petitioners approached this court by filing a writ petition being WP(C) 4954/2006. By order dated 02.12.2008, the said writ petition was disposed of by this court directing to complete the payment of VRS benefits to the petitioners.

4. During the pendency of such writ proceeding by a notification dated 15.02.2006 the policy of voluntary retirement was revised. The said voluntary retirement scheme was implemented specially for the employees of State level public enterprises of Assam. Clause 1 of the said revised policy provides that amongst others the package under VRS shall include unpaid salary / wages (basic pay + DA) up to the date of acceptance of VRS by the employee. The present dispute relates to the meaning of salary. The petitioners contend that Page No.# 9/10

the unpaid salary shall include House Rent Allowance (HRA), Medical Allowance (MA) and City Compensatory Allowance (CCA) and though other benefits are paid, the said allowance have not been paid.

5. This court while dealing with a similar issue and relating to VRS involving the employees of State Fed, came to a conclusion that HRA, MA and CCA are the component of the salary. On the basis of such finding this court vide order dated 06.01.2014 directed the respondent Corporation in the said writ petition being No. WP(C) 994/2007 to release HRA, MA and CCA to the employees of State Fed.

6. In the said judgment this court also interfered with the decision of a review meeting dated 26.03.2009, whereby HRA and MA was refused to be paid as not part of salary.

7. Subsequently relying on the said judgment, this court dealing with similar claim of the employees of Assam Agro Industries Development Corporation following the aforesaid judgment in the State Fed (supra) directed payment of HRA and MA. In the said case CCA was not claimed by the petitioner.

8. The respondent Irrigation Department by way of filing an affidavit took a stand that entire VRS benefits had been granted to the petitioners. However, the said affidavit is silent about the contention of the petitioners regarding HRA, MA and CCA.

Page No.# 10/10

9. Mr. Bharadwaj submits that though they had been paid other benefits, HRA, MA and CCA were not paid to them and they are entitled for the same in view of the pronouncement of this court in State Fed (supra) and in Assam Agro Industries Develop Corporation (supra).

10. From the aforesaid two pronouncement and the facts of the present petitioners, it is clear that the same scheme of voluntary retirement was implemented in respect of the present petitioners also. Therefore, the declaration of this court holding that HRA, MA and CCA shall form part of the salary is also applicable to the present case.

11. In that view of the matter, it is held that the petitioners are entitled for HRA, MA and CCA and the same need to be calculated and included in salary for purpose of declaring VRS benefits and accordingly, the respondent Irrigation Department is directed to consider the case of the petitioner in the aforesaid term and if HRA, MA and CCA as per the clause 1(e) of the VRS scheme dated 15.02.2006 has not been paid, the same be paid within a period of two months from receipt of certified copy of this order to be furnished by the petitioners before the respondent authority.

JUDGE

Comparing Assistant