Page No.# 1/26 vs The State Of Assam And 6 Ors
2023 Latest Caselaw 3061 Gua

                                                                   Page No.# 1/26

GAHC010145432018




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

                          Case No. : WP(C)/4506/2018

         ALL ASSAM GAON PANCHAYAT SECRETARY ASSOCIATION AND ANR.
         HAVING REGISTERED OFFICE AT SEWALI PATH, HATIGAON, GUWAHATI,
         DIST- KAMRUP (M), ASSAM AND REP. BY ITS SECY. SRI GAUTAM DAS

         2: SRI GAUTAM DAS
          S/O- LT TAJENDRA KUMAR DAS
          R/O- VILL- NILAMBAZAR
          P.O. NILAMBAZAR
          KARIMGANJ
         ASSAM
          PIN- 78872

         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6, DIST-
         KAMRUP (M)

         2:ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GHY-6
          KAMRUP (M)

         3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GHY-6
          DIST- KAMRUP (M)

         4:THE SECY. TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GHY-6
                                                                    Page No.# 2/26

             DIST- KAMRUP (M)

            5:THE COMMISSIONER
             COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT
             JURIPAR
             PANJABARI
             GHY-37
             KAMRUP (M)

            6:THE JOINT SECY. TO THE GOVT. OF ASSAM
             PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
             DISPUR
             GHY-6
             DIST- KAMRUP (M)

            7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI - 78100

Advocate for the Petitioner   : MR. N DUTTA

Advocate for the Respondent : GA, ASSAM




             Linked Case : WP(C)/3038/2020

            DHANAMANJURI MEDHI TALUKDAR @ DHAN MANJURI MEDHI
            TALUKDAR
            W/O- LATE HAREN TALUKDAR
            R/O- VILL- BARBARADI
            P.O- BARPETA
            P.S- BARPETA
            DIST- BARPETA
            ASSAM
            PIN- 781301


             VERSUS

            THE STATE OF ASSAM AND 5 ORS
            REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
            PANCHAYAT AND RURAL DEVELOPMENT DEPTT
            DISPUR
                                                    Page No.# 3/26

GUWAHATI- 06

2:THE PRINCIPAL SECRETARY
TO THE GOVT OF ASSAM
 PENSION AND PUBLIC GRIEVANCE DEPTT
 DISPUR
 GUWAHATI- 06
 3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT
 PANJABARI
 JURIPAR
 GUWAHATI- 37
 4:THE DIRECTOR OF PENSION
ASSAM
 HOUSEFED COMPLEX
 GUWAHATI- 06
 5:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
 BARPETA
 DIST- BARPETA
ASSAM
 PIN- 781301
 6:THE TREASURY OFFICER
BARPETA TREASURY
 DIST- BARPETA
ASSAM
 PIN- 781301
 ------------
Advocate for : MR. K R PATGIRI
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS



Linked Case : WP(C)/4996/2018

PURNA KANTA DUTTA AND 7 ORS.
S/O. HEM CHANDRA DUTTA
VILL. DUBIAPATHAR
P.O. DUBIA
DIST. BISWANATH

2: BIMAL KRISHNA PAUL

S/O. GOPAL CHANDRA PAUL
WARD NO.3
UDALGURI
P.O. AND DIST. UDALGURI (BTAD)
                                  Page No.# 4/26

ASSAM


3: SURENDRA SAIKIA

S/O. LT. HIRESWAR SAIKIA
VILL. AND P.O. KAMDEWAL
DIST. BISWANATH

4: KRISHNA MOHAN CHETRI

S/O. CHANDRA MOHAN CHETRY
VILL. GOKAGAON
P.O. UDALGURI
DIST. UDALGURI (BTAD)
ASSAM


5: KHAGENDRA NATH SARMA
S/O. LT. KANAK SARMA
WARD NO.3
UDALGURI
P.O. AND DIST. UDALGURI (BTAD)
ASSAM

6: BUDHIN BARUAH

S/O. LT. GOLAP CHANDRA BARUAH
VILL. AMLAKHIDALANI
P.O. HALEM
DIST. BISWANATH
ASSAM

7: BIPIN CHANDRA GAGOI

S/O. LT. NILESWAR GAGOI
VILL. AIDEOBARI BAGICHA
P.O. BENGENABARI
DIST. SIVASAGAR
ASSAM

8: SARBANANDA NATH

S/O. LT. ADIRAM NATH
VILL. BARPHUKHURIPAR
P.O. HALESWAR
DIST. SONITPUR
ASSAM
                                                         Page No.# 5/26

VERSUS

THE STATE OF ASSAM AND 7 ORS.
REP. BY ITS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
DISPUR
GHY.-06.

2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
 PENSION AND PUBLIC GRIEVANCES DEPTT.
ASSAM
 DISPUR
 GUWAHATI-06.
 3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
 FINANCE DEPTT.
 DISPUR
 GHY.-06.
 4:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
 JURIPAR
 JUNJABARI
 GUWAHATI-37.
 5:THE DIRECTOR OF PENSION

ASSAM HOUSEFED COMPLEX
GUWAHATI-06.
6:THE ACCOUNTANT GENERAL (A AND E)

ASSAM
MAIDAMGAON
BELTOLA
GHY.-29.
7:THE CHIEF EXECUTIVE OFFICER

SONITPUR ZILLA PARISHAD
AT TEZPUR
P.O. TEZPUR
DIST. SONITPUR
ASSAM
8:THE CHIEF EXECUTIVE OFFICER

SIVASAGAR ZILLA PARISHAD
P.O. AND DIST. SIVASAGAR
ASSAM
------------
                                                     Page No.# 6/26

Advocate for : MR. M DUTTA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS.



Linked Case : WP(C)/4577/2020

MONSUR HAQUE SARKAR
S/O LATE ALLAUDDIN SARKAR
R/O VILL GOURIPUR TOWN
WARD NO. 2
PO AND PS GOURIPUR
DIST. DHUBRI
ASSAM
PIN-783331


VERSUS

THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSION AND SECRETARY TO THE GOVT. OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-6

2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEVELOPMENT
 DISPUR
 GUWAHATI-6
 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEVELOPMENT
 DISPUR
 GUWAHATI-6
 4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
 PANJABARI
 JURIPAR
 GUWAHATI-37
 5:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
 GUWAHATI-6
 6:THE CHIEF EXECUTIVE OFFICER
DHUBRI ZILLA PARISHAD
 DHUBRI
                                                     Page No.# 7/26

DIST. DHUBRI
ASSAM
PIN-783301
7:THE TREASURY OFFICER
DHUBRI TREASURY
DIST. DHUBRI
ASSAM
PIN-783301
------------
Advocate for : MR. K R PATGIRI
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS



Linked Case : WP(C)/2995/2021

KURBAN ALI
S/O. LT. AZGAR ALI
VILL. BONGHUGI
P.O. BONGHUGI
P.S. KALGACHIYA
DIST. BARPETA
ASSAM
PIN-781321.


VERSUS

THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
DISPUR
GUWAHATI-06.

2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
 PENSION AND PUBLIC GRIEVANCE DEPTT.
 DISPUR
 GUWAHATI-06.
 3:THE COMMISSIONER AND SECY.

TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY.-06.
4:THE COMMISSIONER
                                                    Page No.# 8/26

PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
 PANJABARI
 JURIPAR
 GUWAHATI-37.
 5:THE DIRECTOR OF PENSION

ASSAM
HOUSEFED COMPLEX
GUWAHATI-06.
6:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
BARPETA DIST. BARPETA
ASSAM
PIN-781301.
7:THE TREASURY OFFICER

BARPETA
TREASURY
DIST. BARPETA
ASSAM
PIN-781301.
------------
Advocate for : MR. K R PATGIRI
Advocate for : SC
PNRD appearing for THE STATE OF ASSAM AND 6 ORS.



Linked Case : WP(C)/5123/2018

GUBIN HANDIQUE AND 39 ORS.
S/O- LATE MIHIR CH HANDIQUE
R/O- TOPUBAN
P.O- RUPAI SIDING
PIN- 786153
DIST- TINSUKIA
ASSAM

2: MOLLIKA GOSWAMI
W/O- SRI PRADIP SHARMA
 R/O- CHIRING CHAPARI THANA GAON
WARD NO. 06
 PIN- 786156
 DIST- TINSUKIA
ASSAM

3: BISHNU UPADHYAY
                                Page No.# 9/26

S/O- SRI MUKTI NATH UPADHYAY
R/O- VILL- BORMURAH
P.O- SAIKHOWA GHAT
DIST- TINSUKIA
PIN- 786154
ASSAM

4: NAREN DUTTA
S/O- LATE BONGSHIDHAR DUTTA
R/O- ZAKIR HUSSAIN ROAD
P.O- DOOMDOOMA
DIST- TINSUKIA
PIN- 786151
ASSAM

5: KHAGESWAR PHUKAN
S/O- LATE SUKHESWAR PHUKAN
R/O- NA MAITHONG GAON
P.O- DIROK MAITHONG
P.S- KAKAPATHER
DIST- TINSUKIA
PIN- 786152
ASSAM

6: PHANIDHAR GOGOI
S/O- LATE BISESWAR GOGOI
R/O- DAPATHER GAON
P.O- KACHARI MAITHONG
DIST- TINSUKIA
PIN- 786152
ASSAM

7: PRASUN KANTI DAS
S/O- PRABHAT RANJAN DAS
R/O- BOGAPANI
P.O- BOGAPANI
P.S- DIGBOI
DIST- TINSUKIA
PIN- 786171
ASSAM

8: KRISHNA BHATTA
S/O- SRI JATIN BHATTA
R/O- NO.1 ASSAMIYA GAON
P.O- TINGRAI
P.S- DIGBOI
DIST- TINSUKIA
PIN- 786171
                               Page No.# 10/26

ASSAM

9: BANDHU SUNDAR DAS
S/O- SRI SAILENDRA KR. DAS
R/O- TINGRAI BAZAR
P.O- TINGRAI
DIST- TINSUKIA
PIN- 786171
ASSAM

10: GOUTAM BAROI
S/O- SRI B BAROI
R/O- VILL- BOGAPANI COLONY
P.O- BOGAPANI
DIGBOI
PIN- 786171
ASSAM

11: MRIDUL DUTTA
S/O- SRI BHOLA DUTTA
R/O- LACHIT NAGAR
P.O- RUPAI SIDING
DIST- TINSUKIA
PIN- 786153
ASSAM

12: ANUPAM BORUAH
S/O- LATE PARSAD CH BORUAH
R/O- BISHNUNAGAR
P.O- RUPAI SIDING
DIST- TINSUKIA
PIN- 786153
ASSAM

13: JAYANTA KUMAR DEB
S/O- SRI PROMODE RANJAN DEB
R/O- BARHAPJAN
P.O- BARHAPJAN
DIST- TINSUKIA
PIN- 786150
ASSAM

14: SIBASISH DAS
S/O- LATE SACHINDRA KR. DAS
R/O- GUIJAN SANTIBANGAON
P.O- RANGAGORA
DIST- TINSUKIA
PIN- 786147
                                       Page No.# 11/26

ASSAM

15: HIMENDU NAG
S/O- LATE HARIPADA NAG
R/O- BORDUBI
P.O- HOOGRIJAN
DIST- TINSUKIA
PIN- 786601
ASSAM

16: PREM KUMAR PANDEY
S/O- SRI LALAN PRASAD PANDEY
R/O- BORDUBI BAZAR
P.O- HOOGRIJAN
DIST- TINSUKIA
PIN- 786601
ASSAM

17: RAJENDRA GOGOI
S/O- SRI HEMCHANDRA GOGOI
R/O- VILL- DEOGHARIA
P.O- LAKHIPATHER
DIST- TINSUKIA
ASSAM
PIN- 786171
ASSAM

18: PRAFULLA KUMAR PHUKAN
S/O- SRI KIRON CH PHUKAN
R/O- VILL- CHETIA GAON
P.O- CHABUA
PIN- 786183
DIST- TINSUKIA
ASSAM

19: JAYANTA PRADHAN
S/O- SRI MANILAL PRADHAN
R/O- VILL- TENGAPANI
P.O- MAKUM JUNCTION
DIST- TINSUKIA
PIN- 786171
ASSAM

20: ACHYUT BORPATRA GOHAIN
S/O- LATE GANGESWAR BORPATRA GOHAIN
R/O- GOURIPUR GAON
P.O- GABHURULAHOTI
DIST- TINSUKIA
                                  Page No.# 12/26

PIN- 786146
ASSAM

21: PROMUD MORAN
S/O- SRI JAGAT MORAN
R/O- KACHIJAN GAON
P.O- KACHIJAN
DIST- TINSUKIA
PIN- 786152
ASSAM

22: BIPUL SHARMA
S/O- SRI HIRA SHARMA
R/O- VILL- RAJAGARH
P.O- RUPAI SIDING
DIST- TINSUKIA
PIN- 786153
ASSAM

23: DILLI RAM UPADHYAYA
S/O- SRI HARI PRASAD UPADHYAYA
R/O- VILL- BORGAON
P.O- PHILLOBARI
DIST- TINSUKIA
PIN- 786160
ASSAM

24: BIPUL KALITA
S/O- SRI PRAFULLA KALITA
R/O- BAPAPUNG
P.O- DIGBOI
DIST- TINSUKIA
PIN- 786171
ASSAM

25: ASHISH DAS
S/O- LATE DABENDRA LAL DAS
R/O- YCC CLUB CAMPUS
LEDO
P.O- LEDO
DIST- TINSUKIA
PIN- 786182
ASSAM

26: MALOY CHOUDHURY
S/O- SRI MUKUL CH CHOUDHURY
R/O- TILOK SETTLEMENT AREA
P.O- LEDO
                                    Page No.# 13/26

DIST- TINSUKIA
PIN- 786182
ASSAM

27: ISWAR PRASAD SHARMA
S/O- SRI GUNIN CH SHARMA
R/O- JOYA NAGAR
MARGHERITA
DIST- TINSUKIA
PIN- 786187
ASSAM

28: HARI LAL SHARMA
S/O- THAKUR NARAYAN SHARMA
R/O- NA MAKUM PATHER
MARGHERITA
P.O- MAKUMPATHER
DIST- TINSUKIA
PIN- 786187
ASSAM

29: ANUP CHETIA
S/O- LATE UPENDRA NATH CHETIA
R/O- NO.1 LAJUM
MARGHERITA
DIST- TINSUKIA
PIN- 786152
ASSAM

30: MRINAL GOGOI
S/O- LATE AMBESWAR GOGOI
R/O- CHAPAKHOWA LACHIT NAGAR
P.O- CHAPAKHOWA
DIST- TINSUKIA
PIN- 786157
ASSAM

31: AMULYA BORA
S/O- SRI ATUL CH BORA
R/O- NO.5 SHANTIPUR
P.O- CHAPAKHOWA
SADIYA
DIST- TINSUKIA
PIN- 786157
ASSAM

32: GOPAL KRISHNA BHATTA
S/O- LATE BALA BHADRA BHATTA RAI
                                        Page No.# 14/26

R/O- NATUN BALIJAN
P.O- NATUN BALIJAN SADIYA
DIST- TINSUKIA
PIN- 786158
ASSAM

33: NIRMAL PRASAD
S/O- LATE SUKDEO PRASAD
R/O- VILL- CHAPAKHOWA THANA CHARIALI
P.O- CHAPAKHOWA
DIST- TINSUKIA
PIN- 786157
ASSAM

34: BHUBAN CHANDRA GOGOI
S/O- LATE UPEN GOGOI
R/O- VILL- AMGURI RONGPURIA GAON
P.O- BORDIRAK
PIN- 786152
DIST- TINSUKIA
ASSAM

35: PRADIP PAUL
S/O- LATE HARI DAS PAUL
R/O- LEDO
NEAR HINDU MILAN MANDIR
P.O- LEDO
PIN- 786182
DIST- TINSUKIA
ASSAM

36: BHASKAR RANJAN BORUAH
S/O- SRI LAKHIRAM BARUAH
R/O- NO. 3 BORBILL
RAMNAGAR
P.O- DIGBOI
DIST- TINSUKIA
PIN- 786171
ASSAM

37: TIRTHA MOHAN DEKA
S/O- LATE KULENDRA MOHAN DEKA
R/O- VILL- DHARANTUL
P.O- DHARAMTUL
DIST- MORIGAON
PIN- 782412
ASSAM
                                                   Page No.# 15/26

38: PRODEEP DAS
S/O- LATE SURENDRA CH DAS
R/O- BAPAPUNG NO.2
P.O- BHIMPATHER
DIGBOI
DIST- TINSUKIA
PIN- 786171
ASSAM

39: SAMSUDDIN AHMED
S/O- LATE NURUDDIN AHMED
R/O- VILL- KAKAPATHER
P.O- KAKAPTHER
PIN- 786152
DIST- TINSUKIA
ASSAM

40: SARUJ BORAH
S/O- SRI JAGAT BORAH
R/O- VILL- KAKAJAN
P.O- KAKAJAN
PIN- 786151
DIST- TINSUKIA
ASSAM
VERSUS

THE STATE OF ASSAM AND 5 ORS
REP. BY THE CHIEF SECRETARY
GOVT OF ASSAM
DISPUR
GUWAHATI- 781006

2:THE COMMISSIONER AND SECRETARY
GOVT OF ASSAM
 PANCHAYAT AND RURAL DEVELOPMENT DEPTT
 DISPUR
 GHY- 06
 3:THE JOINT SECRETARY
GOVT OF ASSAM
 PANCHAYAT AND RURAL DEVELOPMENT DEPTT
 DISPUR
 GUWAHATI- 781006
 4:THE DIRECTOR OF PANCHAYAT AND RURAL DEVELOPMENT DEPTT
JURIPAR
 PANJABARI
 GHY- 37
 5:THE CHIEF EXECUTIVE OFFICER
TINSUKIA ZILLA PARISHAD
                                                    Page No.# 16/26

NEAR NEW DTO OFFICE
BORGURI
TINSUKIA
PIN- 786126
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI - 781006
------------
Advocate for : MR. M P CHOUDHURY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS



Linked Case : WP(C)/4925/2018

NIRANJAN MALAKAR
S/O- LATE DHIRENDRA MALAKAR
VILL- RONGPUR PART-III(M V SCHOOL ROAD)
P.O AND P.S- KATLICHERRA
DIST- HAILAKANDI
ASSAM
PIN- 788161


VERSUS

THE STATE OF ASSAM AND 7 ORS
TO BE REP. BY THE SECRETARY TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT (P AND RD) DEPTT
DISPUR
GUWAHATI- 6

2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
 PANJABARI
 GHY- 37
 3:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
 FINANCE DEPTT
 DISPUR
 GHY- 6
 4:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
 PENSION AND PUBLIC GRIEVANCE DEPTT
 DISPUR
                                                    Page No.# 17/26

GUWAHATI- 6
5:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GHY- 29
6:THE DIRECTOR OF PENSION
ASSAM
GUWAHATI- 6
7:THE CHIEF EXECUTIVE OFFICER
HAILAKANDI ZILA PARISHAD
P.O
P.S AND DIST- HAILAKANDI
PIN- 788151
8:THE CHIEF EXECUTIVE OFFICER
CACHAR ZILA PARISHAD
SILCHAR
P.O
P.S AND DIST- CACHAR
PIN- 788001
------------
Advocate for : MR A M MAZUMDAR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS



Linked Case : WP(C)/7197/2018

UTTAM MAZUMDER
S/O- LT KSHIRODE BEHARI MAZUMDER
C/O- LT P.C. PAUL CHOUDHURY
NEAR B.T.COLLEGE
SILCHAR
PIN- 788115
P.O. RANGIRKHARI
DIST- CACHAR ASSAM


VERSUS

THE STATE OF ASSAM AND 6 ORS.
TO BE REP. BY SECY. TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT (PANDRD) DEPTT.
DISPUR
GHY-6

2:THE COMMISSIONER
                                                       Page No.# 18/26

PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
 PANJABARI
 GHY-37
 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
 DISPUR
 GHY-6
 4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEPTT.
 DISPUR
 GHY-6
 5:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
 MAIDAMGAON
 BELTOLA
 GHY-29
 6:THE DIRECTOR OF PENSION
ASSAM
 GHY-6
 7:THE CHIEF EXECUTIVE OFFICER
KARIMGANJ ZILLA PARISHAD
 P.O.
 P.S. AND DIST- KARIMGANJ PIN- 788710
 ------------
Advocate for : MR A M MAZUMDAR
Advocate for : MR. M NATH (SC
 P&RD DEPT.
 R-1
2
7) appearing for THE STATE OF ASSAM AND 6 ORS.



Linked Case : WP(C)/3667/2021

SYED ASHRAF UDDIN
S/O LATE SYED ABDUL QUADER
R/O VILL. BOGAIJANPARA
P.O. JOSHIHATIPARA
P.S. HOWLY
DIST. BARPETA
ASSAM
PIN 781316


VERSUS
                                                             Page No.# 19/26

THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSION AND PANCHAYAT AND RURAL
DEVELOPMENT DEPTT.
DISPUR
GUWAHATI 6

2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

PENSION AND PUBLIC GRIEVANCE DEPTT.
DISPUR
GUWAHATI 6
3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

FINANCE DEPTT.
DISPUR
GHY 6
4:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
ASSAM
 PANJABARI
 JURIPAR
 GUWAHATI 37
 5:THE DIRECTOR OF PENSION
ASSAM
 HOUSEFED COMPLEX
 GUWAHATI 6
 6:THE CHIEF EXECUTIVE OFFICER

BRPETA ZILLA PARISHAD
BARPETA
DIST. BARPETA
ASSAM
PIN 781301
7:THE TREASURY OFFICER

BARPETA
TREASURY
DIST. BARPETA
ASSAM
PIN 781301
------------
Advocate for : MR. K R PATGIRI
Advocate for : appearing for THE STATE OF ASSAM AND 6 ORS



Linked Case : WP(C)/5997/2018
                                                    Page No.# 20/26


PRADEEP KUMAR KAUNDA AND 3 ORS.
S/O. LATE SUBODH CH. KUNDA
RESIDENT OF HOUSE NO. 23
CHITTARANJAN ROAD
N.S. AVENUE
P.O. SILCHAR
PIN- 788115
DIST. CACHAR
SILCHAR.

2: SANTOSH BHATTACHARJEE
S/O. LATE HARENDRA BHATTACHARJEE
VILLAGE AND P.O. SICOORIE
 PIN- 788118
 DIST. CACHAR
 SILCHAR.

3: HRISHIKESH PURKAYASTHA
S/O. LATE PRITISH CH. PURKAYASTHA
VILLAGE- NARAINPUR T.E.
P.O. KALACHANDPUR (VIA PAILAPOOL)
DISTRICT- CACHAR
SILCHAR
PIN- 788098

4: BIRENDRA CHANDRA ROY
S/O. LATE KUMUD RANJAN ROY
VILLAGE AND P.O. GOJALGHAT
DIST. CACHAR
SILCHAR
PIN- 788098
VERSUS

THE STATE OF ASSAM AND 8 ORS.
TO BE REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT (P AND RD) DEPTT.
DISPUR
GUWAHATI-6.

2:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
 PANJABARI
 GUWAHATI- 37.
 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
                                                                Page No.# 21/26

         FINANCE DEPTT.
         DISPUR
         GUWAHATI- 6
         4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

         PENSION AND PUBLIC GRIEVANCE DEPTT.
         DISPUR
         GUWAHATI-6.
         5:THE ACCOUNTANT GENERAL (A AND E)
         ASSAM
         MAIDAMGAON
         BELTOLA
         GUWAHATI- 29.
         6:THE DIRECTOR OF PENSION
         ASSAM
         GUWAHATI-6.
         7:THE CHIEF EXECUTIVE OFFICER

         CACHAR ZILLA PARISHAD
         P.O.
         P.S. AND DIST. CACHAR
         PIN- 788001.
         8:THE CHIEF EXECUTIVE OFFICER

         KARIMGANJ ZILLA PARISHAD
         P.O.
         P.S. AND DIST. KARIMGANJ
         PIN- 788710
         9:THE CHIEF EXECUTIVE OFFICER

         HAILAKANDI ZILLA PARISHAD
         P.O. AND P.S. HAILAKANDI
         DIST. HAILAKANDI
         PIN- 788151
         ------------
         Advocate for : MR. A M MAZUMDER
         Advocate for : GA
         ASSAM appearing for THE STATE OF ASSAM AND 8 ORS.



                              BEFORE
              HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                  ORDER

Date : 11.08.2023 Heard Mr. U.K. Nair, learned senior counsel, assisted by Mr. T.

Page No.# 22/26

Chakrabarty, learned counsel for the petitioners in WP(C) 4506/2018; Mr. M. Islam, learned counsel for the petitioners in WP(C) 4996/2018; Mr. M.P. Choudhury, learned counsel for the petitioners in WP(C) 5123/2018; and Mr. K.R. Patgiri, learned counsel for the petitioners in WP(C) 3038/2020, WP(C) 4577/2020, WP(C) 2995/2021, and WP(C) 3667/2021. Also heard Mr. D. Deka and Mr. Rabha, learned standing counsel for the Accountant General (A&E); and Ms. N. Bordoloi, learned standing counsel for the P&RD Department. None appears on call for the petitioners in WP(C) 4925/2018, WP(C) 5997/2018, WP(C) 7197/2018.

2. Out of these writ petitions, W.P.(C) No. 4506/2018 has been filed by the All Assam Gaon Panchayat Secretary Association. The other writ petitions have been filed by individuals, who are Gaon Panchayat Secretaries. Therefore, reference to Gaon Panchayat Secretaries in this order would also mean and include the members of the petitioner no. 1 association in W.P.(C) 4506/2018.

3. This matter was heard at some length. However, it has been brought to the notice of the Court that in the meanwhile the issues involved in this batch of writ petitions had already been adjudicated and decided by the Division Bench of this Court vide judgment and order dated 05.08.2023, passed in WA 133/2023.

4. The factual background of W.A. No. 133/2023, as contained in para 2(II) of the order dated 05.08.2023, is as follows:-

The sole respondent, who is a Gaon Panchayat Secretary, approached the Single Judge by filing the aforesaid writ petition seeking a writ of certiorari for setting aside and quashing an order dated 23.08.2018 issued by the Secretary to the Govt. of Assam, P&RD Department, by which the State authorities accorded ex- post- facto approval for creation of 1272 numbers of post of Gaon Panchayat Secretary w.e.f. 30.05.2003 to 03.02.2016. However, it was provided that such Page No.# 23/26

creation of post shall not be treated for the purpose of the Gaon Panchayat Secretaries to receive pension and other retiral benefits. This part of the communication dated 23.08.2018 is the offending part as pleaded by the petitioner.

5. In the present set of writ petitions, the facts are similarly to the facts in W.P.(C) 4397/2022. In the present case, the Gaon Panchayat Secretaries are claiming to have been appointed between the period of 30.05.2003 and 03.02.2016. It is projected that by operation of Assam Panchayat Employees (Provincialisation) Act, 1999, the services of the Gaon Panchayat Secretaries were provincialised w.e.f. 01.10.1991. Accordingly, it is claimed that the Gaon Panchayat Secretaries had acquired the status of provincialised government employees with effect from the date of their respective joining and that they could not have been excluded for the pension and other pensionary benefits under the Assam Services (Pension) Rules, 1969 and it is the case of the Gaon Panchayat Secretaries that the New Defined Pension Scheme cannot be made applicable on them because the said scheme is applicable to all new entrants joining the Govt. service on regular basis against vacant sanctioned posts on or after 01.02.2005.

6. It has not been disputed by the learned counsel for the respondents at the Bar that the issues raised in this series of writ petitions are squarely covered by the judgment dated 05.08.2022, passed in W.P.(C) No. 4397/2022, which was affirmed by order dated 05.08.2023, passed by the Division Bench of this Court in WA 133/2023. Therefore, the issues in these writ petitions do not warrant any fresh determination.

7. Paragraphs 10 to 13 of the order dated 05.08.2022, passed in WP(C) 4397/2022 is quoted below:-

"10. Further, it is further noticed that Section 1(3) of the Provincialisation Act, 1999 Page No.# 24/26

provides that the Act shall be deemed to have come into force on 01.10.1991 and Section 2(a) defines appointed date to mean the date on which the Act came into force i.e. the appointed date would also be 01.10.1991. Further section 3 of the Provincialisation Act 1999 provides that all employees of the Panchayat under the State Government shall be deemed to have been provincialised on and from the appointed date i.e. it is deemed that they were provincialised from 01.10.1991. The aforesaid aspect had been discussed in paragraph 9 of the judgment dated 24.03.2010 in WA 145/2009 that the Act came into force on 01.10.1991 and appointed date means the date on which the Act came into force and that the employees of the Panchayat are deemed to have been provincialised from the appointed date i.e. 01.10.1991. Accordingly, it was provided in paragraph 9 itself, that the provisions of the Act including those for pension and other retirement benefits would be available on an after 01.10.1991 on the basis of the length of service reckoned from the dates of their initial appointments. OM dated 06.10.2009 introducing the New Defined Contribution Scheme provides that the New Defined Contribution Pension Scheme would be applicable to all new entrance joining State Government services on regular basis against sanctioned vacant posts on or after 01.02.2005.

11. In the instant case, as there is a deeming provision that the services of the petitioner was provincialised on 01.10.1991, he would not be covered by the New Defined Contribution Pension Scheme even if any consequential orders were subsequently passed by the authorities as under the law their entry into Government service was not after 01.02.2005.

12. For the purpose of the pension, the respondents in the Panchayat and Rural Development Department are accordingly directed to pass necessary order on the entitlement of the petitioner for pension by taking note of the law laid down by the Division Bench in WA 145/2009.

13. The reasoned order be passed and the consequential pension be paid within a period of two months from the date of receipt of a certified copy of this order."

8. The operative part of the order dated 05.08.2023 passed by the Division Bench of this Court in WA 133/2022, thereby affirming the order dated 05.08.2022, passed in WP(C) 4397/2022, is quoted below:-

"VII. Conclusion:

A. In view of the aforesaid discussions and reasons, this court cannot but held that the offending portion of the order dated 28.03.2018 issued by the Secretary to the Govt. of Assam, P&RD i.e. "the ex-post-facto creation of posts shall not be treated Page No.# 25/26

for the purpose of enabling the person concerned to receive pension and other retiral benefits," is perverse and not legally sustainable and therefore, liable to be struck down, which is accordingly done.

B. In view of the aforesaid decision, discussion and reason, this court dismisses the present writ appeal being devoid of any merit and resultantly uphold the impugned decision dated 05.08.2022 rendered by the learned Single Judge in WP(C) No. 4397/2022. Parties to bear their own costs."

9. Therefore, as the operative portion of the order dated 28.03.2018, issued by the Secretary to the Govt. of Assam, P&RD Department, whereby it was directed that "the ex post facto creation of posts shall not be treated for the purpose of enabling the person concerned to received pension and other retiral benefits," is struck down as perverse and not legally sustainable, the present set of writ petitions deserve to be allowed.

10. Accordingly, as the order dated 05.08.2022, passed by this Court in W.P.(C) 4397/2022 has been affirmed by the Division Bench of this Court vide order dated 05.08.2023 in W.A. 133/2023, these writ petitions stand allowed by directing the respondent authorities to pass appropriate orders on the entitlement of the Gaon Panchayat Secretaries to pension under the Assam Services (Pension) Rules, 1969 by taking note of the respective dates of their regularization.

11. This order is qua petitioners in W.P.(C) 4925/2018, W.P.(C) 4996/2018, W.P.(C) 5123/2018, W.P.(C) 5997/2018, W.P.(C) 7197/2018, W.P.(C) 3038/2020, W.P.(C) 4577/2020, W.P.(C) 2995/2021, W.P.(C)/3667/2021. The said benefit shall also be extended to the members of the All Assam Gaon Panchayat Secretaries Association (petitioner no. 1) in W.P.(C) 4506/2018. It is provided that the petitioners in W.P.(C) 4506/2018, while submitting a certified copy of this order before the competent authority, shall also submit an Page No.# 26/26

authenticated list of their members.

12. The respondent authorities are directed to pass appropriate/ consequential orders within a period of 60 (sixty) days from the date of receipt of certified copy of this order.

13. This batch of writ petitions stands allowed to the extent as indicted above.

14. Parties are left to bear their own cost.

JUDGE

Comparing Assistant