Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 25 May, 2022
Page No.# 1/5
GAHC010088002022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3052/2022
JAHA ALOM S.K AND 11 ORS.
S/O KANCHU S.K., R/O VILL-CHITALKATI, P.O.-JORUAR CHAR, DIST-
DHUBRI, ASSAM
2: MOZNU RAHMAN
S/O JOYNAL ABDIN
R/O VILL AND P.O.-BHATIPETALA
DIST-DHUBRI
PIN-783334
ASSAM
3: MAHMUDA KHATUN
D/O MONJUR ALI
R/O BOALKUMARI PT-II
P.O.-BARKANDA
P.S.-BILASIPARA
DIST-DHUBRI
ASSAM
4: HASEN ALI
S/O AKSAR ALI
R/O VILL-GORJAN PT-II
P.O.-BINNYAKHATA
P.S.-GOSSAIGAON
DIST-KOKRAJHAR
ASSAM
5: MOSTAFA HUSSAIN
S/O MOINUL HAQUE
R/O VILL AND P.O.-JHAGRARPAR PT-IV
DIST-DHUBRI
ASSAM
6: TAKMINA BEGUM
Page No.# 2/5
D/O OMAR ALI
R/O VILL-SUAPATA PT-III
P.O.-SUAPATA
P.S.-BILASIPARA
DIST-DHUBRI
ASSAM
7: RAFIKUL ISLAM
S/O SABDER ALI
R/O VILL-KHORIDA GOSSAIGAON
P.O. AND P.S.-CHAPAR
DIST-DHUBRI
ASSAM
8: MOHMUD ARSAD KHATAMI
S/O KURBAN ALI
R/O VILL-SUAPATA PT-IV
P.O.-SUAPATA
P.S.-CHAPAR
DIST-DHUBRI
ASSAM
9: MOFIDUL ISLAM AHMED
S/O ABDUL AZIZ
R/O SUAPATA PT-II
P.O.-SUAPATA
P.S.-CHAPAR
DIST-DHUBRI
ASSAM
10: ROFIQUL ISLAM AHMED
S/O ABDUL MUNNAF SARKAR
R/O VILL AND P.O.-TUMNI
DIST-DHUBRI
ASSAM
11: RABIA BEGUM
D/O AFTAR HUSSAIN
R/O VILL-HAJIRHAT
DIST-DHUBRI
ASSAM
12: ASHADUL ISLAM
S/O ABDUL MANNAF DEWAN
R/O VILL-TUMNI
DIST-DHUBRI
ASSA
Page No.# 3/5
VERSUS
THE STATE OF ASSAM AND 4 ORS.
THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWHAATI-781006
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DDEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-37
4:THE JOINT DIRECTOR
OFFICE OF THE COMMISSIONERATE
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWHAATI-781037
5:THE CHIEF EXECUTIVE OFFICER
DHUBRI ZILLA PARISHAD
P.O.-DHUBRI
DIST-DHUBRI
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 : 25-05-2022
Heard Mr. R. Majumdar, learned counsel for the petitioners, who submits that
the petitioners are appointed and working as Tax Collector/Road Moharar/Office Peon
Page No.# 4/5
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 PreAssam 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.
5. Mr. S. Dutta, learned counsel appearing for the respondent Nos. 1, 3, 4 & 5 and
Mr. A. Chaliha, 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
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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.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
