Page No.# 1/3 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4098 Gua

                                                                    Page No.# 1/3

GAHC010178012019




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

                          Case No. : WP(C)/5540/2019

         NAZRUL HAQUE LASKAR AND ANR.
         S/O- LT ABDUL KARIM LASKAR, R/O- BOALIPAR PART-III, P.O. BOALIPAR
         BAZAR, P.S. AND DIST- HAILAKANDI, ASSAM

         2: ABUL HUSSAIN LASKAR
          S/O- LT ALAUDDIN LASKAR
          R/O- VILL- ALGAPUR
          PART-I
          P.O. KALIBARI BAZAR
          P.S. ALGAPUR
          DIST- HAILAKANDI
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
         FINANCE DEPTT., DISPUR, GHY-6

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GHY-6

         3:THE DIRECTOR
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          JURIPAR
          PANJABARI
          GHY-37

         4:THE CHIEF EXECUTIVE OFFICER
          HAILAKANDI ZILLA PARISHAD
          P.O.
          P.S. AND DIST.- HAILAKANDI
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               ASSA

Advocate for the Petitioner   : MR. M H LASKAR

Advocate for the Respondent : SC, FINANCE DEPTT.




                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

04.10.2023

Heard Mr. M.H. Laskar, learned counsel for the petitioners. Also head Mr. N.K.D. Nath, learned Standing Counsel, P&RD Department and Mr. R. Borpujari, learned Standing Counsel, Finance Department.

Mr. R. Borpujari, learned Standing Counsel, Finance Department shall obtain instructions in respect of the Finance (EC-II) Department's letter no.FEC(II)80/2018/156 dated 16.09.2021, which has been referred to in the communication no.PDA.248/2016/Pt./130 dated 03.01.2021 (Annexure-A, Page-95 of the writ petition) issued the P&RD Department, whereby the P&RD Department has allowed to draw fixed wages/remuneration of Rs.15,900/- with dearness allowances as per the names shown in the list. This instruction is necessary in view of the stand of the Finance Department that the judgment of the Division Bench passed in W.A. no. 45/2014 [State of Assam vs. Upen Das & Ors. reported in (2017) 4 GLR 493] cannot be implemented as the petitioners were appointed post AFRBM period. The Office Order dated 03.01.0221 issued by the P&RD Department reflects the names of the causal workers and the fixed pay workers which include both pre and post and AFRBM period.

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Accordingly, the matter be listed on 13.10.2023.

JUDGE

Comparing Assistant