Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 1 December, 2023
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/7
GAHC010247312023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6880/2023
KULJIT DEKA AND 16 ORS
S/O DHIRESWAR DEKA
RESIDENT OF VILLAGE AND PO NAGAON, DIST BARPETA, ASSAM
2: MD. RAFIKUL ISLAM
S/O GIAS UDDIN
R/O
VILLAGE- MARICHA
P/O-KAYAKUCHI
DISTRICT- BARPETA
ASSAM.
3: IMRANUL ISLAM
S/O EUNUS ALI
R/O. VILL AND P.O
GUNIALGURI
DISTRICT- BARPETA
ASSAM
4: SHAHJAMAL SARKAR
S/O-ABUL KASHEM SARKAR
R/O- VILL- BOGULAMARI
P.O. LANGLA
DIST- BARPETA
ASSAM.
Page No.# 2/7
5: SHAFIQUL ISLAM DEWAN
S/O- RAHIZ UDDIN DEWAN
R/O- VILL- GANAKPARA
P.O. MAKRIKUCHI
DIST- BARPETA
ASSAM.
6: MANJUWARA KHATUN
W/O MUNTAZ ALI
RESIDENT OF VILLAGE HELENARPAM
PO HOWLI
DIST BARPETA
ASSAM
7: SULEMAN HUSSAIN
S/O ABDUL WAHAB ALI
RESIDENT OF VILLAGE FULBARI
PO GUMAFULBARI
DIST BARPETA
ASSAM
8: HASINA PARBIN
D/O JUBBAR ALI
RESIDENT OF VILLAGE DOPALPARA
PO MAJGAON
DIST BARPETA
ASSAM
9: RUKIYA KHATUN
D/O RAFIQUL ISLAM
RESIDENT OF VILLAGE CHANMAMA
PO BARVITA
DIST BARPETA
ASSAM
10: FAJILUR RAHMAN
S/O-ELAHI MANDAL
R/O VILL- DOPALPARA
P.O
MAYGAON
Page No.# 3/7
DIST- BARPETA
ASSAM
11: SULTANA AHMED
S/O- SOLEMAN ALI
R/O- VILL AND P.O
BALAGAON
DIST- BARPETA
ASSAM
12: JULHASH SIKDAR
S/O- MD. SAHAB ALL
R/O-VIL-BILORTARI
P.0. KALGACHIA
DIST- BARPETA
ASSAM
13: ABDUL LATIF
S/O-EASIN ALI
R/O-VIL- DOPALPARA
P.0. MAJGAON
DIST- BARPETA
ASSAM.
14: AMINUR RAHMAN
S/O- TAJLIBUR RAHMAN
R/O- VILL- BALARTARI
P.O. CHENIMARI
DIST- BARPETA
ASSAM.
15: HAFIZUR RAHMAN
S/O- SOLAIMAN ALI
R/O-VILL- RAMPUR
P.0. BANGUGI
DIST- BARPETA
ASSAM.
Page No.# 4/7
16: MUSTAFIZUR RAHMAN
S/O-SOLAIMAN ALI
R/O-VILL- RAMPUR
P.O. BANGUGI
DIST- BARPETA
ASSAM.
17: A. BATEN MANDAL
S/O- EASIN ALI
R/O-VILL- DOPALPARA
P.O. MAJGAON
DIST- BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
THROUGH
THE
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
GUWAHATI-781006.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
DEPARTMENT
JURIPAR
GUWAHATI-37
4:THE JOINT DIRECTOR
OFFICE OF THE COMMISSIONERATE
Page No.# 5/7
PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037
5:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
POST OFFICE-
BARPETA
DISTRICT- BARPETA
ASSAM
Advocate for the Petitioner : MS. J GHOSH
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
01.12.2023
Heard Mr. R. Majumdar, learned counsel for the petitioners. Also heard Mr.
P. Handique, learned Standing Counsel, P&RD Department.
2. The learned counsel for the petitioners submits that the petitioners are
appointed and working as LDA/Office Peon/Tax Collector on casual basis in
different Gaon Panchayats under the jurisdiction of the respondent No. 4, prior
to 01.09.2005. 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.
3. The petitioners' counsel submits that those persons, whose names are
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included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM)
list, prepared by the Department on 01.01.2020, are 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. It is submitted on behalf of the petitioners that their names should be
included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM)
list prepared by the Department on 01.01.2020.
5. Mr. P. Handique, learned counsel appearing for the respondent Nos. 1, 3, 4
& 5 submits that the 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.
6. 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. 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.
7. 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.
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8. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
