Page No.# 1/5 vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4970 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 4 Ors on 11 December, 2023

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                Page No.# 1/5

GAHC010221902023




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

                          Case No. : WP(C)/6454/2023

         HAFIZUL RAHMAN AND 9 ORS
         S/O ABDUL AWAL HOQUE, R/O VILL-SATSIA KHAMAR, P.O.-KHALISA
         BHITA, DIST-GOALPARA, ASSAM

         2: AKRAM HUSSAIN
          S/O AMIR HUSSAIN
          R/O VILL AND P.O.-KOLSIRVITA
          DIST-GOALPARA
         ASSAM

         3: MOZIBAR RAHMAN
          S/O KAMAL UDDIN
          R/O VILL AND P.O.-KOLSIRVITA
          DIST-GOALPARA
         ASSAM

         4: MONOWAR HUSSAIN
          S/O ABDUL HOQUE
          R/O VILL-SAILDHORA
          P.O.-TULSIBARI
          DIST-GOALPARA
         ASSAM

         5: SHONSER ALI
          S/O NABAB ALI
         VILL-KULSABHANG
          P.O.-CHANAN
          DIST-GOALPARA
         ASSAM

         6: SANOWAR HUSSAIN
          S/O AMIR ALI
         VILL-SOPARIVITA
          P.O.-TULSHIBARI
                                                      Page No.# 2/5

DIST-GOALPARA
ASSAM

7: MAZNU HOQUE
 S/O SOYOD ALI
VILL-KULSABANGA
 P.O.-CHUNARI
 DIST-GOALPARA
ASSAM

8: IBRAHIM ALI
 S/O SAGOR ALI
VILL-DIALDORA
 P.O.-CHUNARI
 DIST-GOALPARA
ASSAM

9: ASHRAFUL ISLAM
 S/O SHER ALI
VILL-SUPARIVITA
 P.O.-TULSIBARI
 DIST-GOALPARA
ASSAM

10: WAHEDUR RAHMAN
 S/O PASHAN UDDIN AHMED
VILL-BARBHITA
 P.O.-KHANGRA
 DIST-BARPETA
ASSA

VERSUS

THE STATE OF ASSAM AND 4 ORS
THROUGH 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
ASSAM
 PANJABARI
 JURIPAR
                                                                           Page No.# 3/5

             GUWAHATI-37

            4:THE JOINT DIRECTOR
             OFFICE OF THE COMMISSIONERATE
             PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
            ASSAM
             PANJABARI
             JURIPAR
             GUWAHATI-781037

            5:THE CHIEF EXECUTIVE OFFICER
             GOALPARA ZILLA PARISHAD
             P.O.-GOALPARA
             DIST-GOALPARA
            ASSA

Advocate for the Petitioner   : MR S DAS

Advocate for the Respondent : SC, P AND R.D.




                                           BEFORE
                   HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                 ORDER

11.12.2023

Heard Mr. T. Dewan, learned counsel for the petitioners and Mr. N. K. Dev Nath, learned Standing Counsel appearing on behalf of the P&RD Department as well as Mr. R. Borpujari, learned Standing Counsel appearing on behalf of the Finance Department.

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 Page No.# 4/5

in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list.

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, 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".

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.

Mr. N. K. Dev Nath, learned counsel appearing on behalf of the P&RD Department 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.

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 Page No.# 5/5

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 writ petition is accordingly disposed of

JUDGE

Comparing Assistant