Mobarak Ali vs The State Of Assam And 8 Ors
2022 Latest Caselaw 3801 Gua

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GAHC010241662018




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

                           Case No. : WP(C)/7716/2018

         MOBARAK ALI
         S/O LT. SIRAJ UDDIN SHEIKH
         VILL- UDMARI PART-II,
         P.O. LAKHIGANJ
         DIST. DHUBRI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 8 ORS.
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
          DISPUR, GUWAHATI - 781006.

         2:THE SECRETARY TO THE GOVT. OF ASSAM

          FINANCE DEPARTMENT

         DISPUR
         GUWAHATI- 781006.

         3:THE COMMISSIONER

          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          GOVT. OF ASSAM

          JURIPAR

          PANJABARI
          GUWAHATI - 781037.

         4:THE JOINT DIRECTOR
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             O/O THE COMMISSIONER

             PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

             ASSAM
             JURIPAR
             PANJABARI
             GUWAHATI - 781037.

            5:THE CHIEF EXECUTIVE OFFICER

             DHUBRI ZILLA PARISHAD

             P.O. AND DIST. DHUBRI
             ASSAM

             PIN - 783324.

            6:THE SUB-DIVISIONAL OFFICER (CIVIL)
             BILASIPARA
             P.O. BILASIPARA

            DIST. DHUBRI
            ASSAM

             PIN - 783320.

            7:THE BLOCK DEVELOPMENT OFFICER

            BILASIAPRA DEVELOPMENT BLOCK
            RANIGANJ
            DISTRICT- DHUBRI
            ASSAM
            PIN- 783320

            8:THE SECRETARY

             UDMARI GAON PANCHAYAT
             P.O. LAKHIGANJ DIST. DHUBRI
             ASSAM PIN - 783345.

            9:NUR AKHTARA BEGUM
            W/O NURJAMAL SHEIKH VILL- GHORAMARA P.O. ROINARDABRI P.S.
            AND DIST. KOKRAJHAR
            ASSAM
             PIN - 783370

Advocate for the Petitioner   : MR. D A KAIYUM
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Advocate for the Respondent : GA, ASSAM




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                              ORDER

Date : 26-09-2022

Heard Mr. D A Kaiyum, learned counsel for the petitioner. Also heard Mr. K Konwar, learned counsel for the respondents no. 1, 3, 4, 5, 7 and 8 being the authorities under the Panchayat and Rural Development Department, Government of Assam, Mr. A Chaliha, learned counsel for the respondent no. 2 being the Finance Department, Government of Assam and Mr. C S Hazarika, learned Junior Government Advocate for the respondent no. 6 being the Sub-Divisional Officer (Civil), Bilasipara.

2. The petitioner was engaged as a Peon/Chowkidar as per the meeting of the Udmari Gaon Panchayat under Bilasipara Development Block in the Dhubri district as per the resolution of the meeting dated 18.04.2005. It is stated that for an intermittent period in between, instead of the petitioner, the respondent authorities had included the name of the respondent no. 9 Nur Akhtara Begum as the Peon/Chowkidar of the Gaon Panchayat. It is also stated that the respondent had arrived at its conclusion that the name of the respondent no. 9 was wrongly included and accordingly, it stood deleted.

3. In the circumstance, the petitioner claims for the financial benefits as per the judgment dated 08.06.2017 in WA 45/2014. This writ petition is instituted on the aforesaid limited grievance.

4. It is stated that the authorities in the PNRD had already placed the proposal dated 09.08.2022 before the Finance Department as regards the claim of the petitioner. In the circumstance, we direct the Secretary to the Government of Assam in the Finance Department to do the needful to place the proposal of the petitioner for his claim in respect of the benefits provided by the judgment and order dated 08.06.2017 in WA 45/2014 before the Special Committee constituted by the Finance Department for the purpose.

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5. The Special Committee of the Finance Department to give its consideration within a period of two months from the date of receipt of certified copy of this order. If the decision of the Finance Department is in favour of the petitioner, consequential financial benefits be paid and if it is against, the petitioner be informed accordingly.

Writ petition stands allowed as indicated above.

JUDGE

Comparing Assistant