Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 5 Ors on 11 October, 2023
Page No.# 1/8
GAHC010260702017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8034/2017
PROJEN TERANG and 20 ORS.
C/O BABURAM TERANG, VILLAGE PABHOI PATHAIJAN, P.O. PABHOI, PIN
784174, DISTRICT BISWANATH, ASSAM.
2: ARUN HARPAL
S/O. SRI GOYADHAR HARPAL
VILLAGE DHULLIE T.E.
P.O. PAVOI
P.S. BISWANATH
PIN 784174
DISTRICT BISWANATH
ASSAM.
3: MRS. MADINA BEGUM
W/O. MD. ABDUL JABAR
VILLAGE 1 NO. DERING PATHAR
P.O. PAVOI
P.S. BISWANATH
PIN 784174
DISTRICT BISWANATH
ASSAM.
4: MRS. SUNITA TIRKEY
C/O SRI ARUP TIRKEY
VILLAGE DHULLIE KUHIARBARI
P.O PAVOI
P.S. BISWANATH
PIN 784174
DISTRICT BISWANATH
ASSAM.
Page No.# 2/8
5: SRI ANIL MAHANANDA
C/O. SRI ASAMLAL MAHANANDA
VILL. DERING T.R. P.O. PAVOI
P.S. BISWANATH
PIN-784174
DIST. BISWANATH
ASSAM.
6: MRS. PANCHAMI BIVAR
W/O. SRI MONGLU BIVAR
VILL. DHULLIE T.E.
P.O. PAVOI
P.S. BISWANATH
PIN-784174
DIST. BISWANATH
ASSAM.
7: MRS. ANITA BIVAR
C/O. SRI RAM BIVAR
VILL. DHULLIE T.E. P.O. PAVOI
P.S. BISWANATH
PIN-784174
DIST. BISWANATH
ASSAM.
8: ANIL BARLA
C/O. LT. TEUFIL BARLA
VILL. BIJOYPUR
P.O. PAVOI
P.S. BISWANATH
PIN-784174
DIST. BISWANATH
ASSAM.
9: MS. ROJINA KHATUN
VILL. BOLODANGA
P.O. SAKOMATHA
DIST. BISWANATH
ASSAM.
10: ANANDA MUNDA
VILL. BORPUKHURI BAGAR
Page No.# 3/8
P.O. KUWARI
PIN-784176
DIST. BISWANATH
ASSAM.
11: SMT. SIMA PROJA
VILL. BORPUKHURI BAGAN
P.O. KUWARI
PIN-784176
DIST. BISWANATH
ASSAM.
12: RAJU MUDDI
VILL. BAMUNIPATHAR
P.O. PAVOI
PIN-784174
DIST. SONITPUR/BISWANATH
ASSAM.
13: RABINATH KHODAL
VILL. BORPUKHURI BAGAN
P.O. KUWARI
PIN-784176
DIST. SONITPUR/BISWANATH
ASSAM.
14: JUNMONI BAROI
VILL. RONGAMURI
P.O. PAVOI
PIN-784174
DIST. SONITPUR/BISWANATH
ASSAM.
15: MADHUMATI TANTI
VILL. BORPUKHURI BAGAN
P.O. KUWARI
PIN-784176
DIST. SONITPUR/BISWANATH
ASSAM.
16: ANU BANIYA
VILL. BORPUKHURI BAGAN
Page No.# 4/8
P.O. KUWARI
PIN-784176
DIST. SONITPUR/BISWANATH
ASSAM.
17: JONALI MAJHI
VILL. BORPUKHURI BAGAN
P.O. KUWARI
PIN-784176
DIST. SONITPUR/BISWANATH
ASSAM.
18: SRI KHIRAM RONGFAR
S/O. SARIKH RONGFAR
VILL. NONKE SAMUKJULI
P.O. TINISUTI
PIN-784173
DIST. BISWANATH
ASSAM.
19: KUNTI ORIA
W/O. ROBI ORIA
VILL. PABHOI T.E.
P.O. PABHOI
PIN-784174
DIST. BISWANATH
ASSAM.
20: SRI SOSIKAPUR TANTI
S/O. LT. KARNO TANTI
VILL. PABHOI T.E.
P.O. PABHOI
PIN-784174
DIST. BISWANATH
ASSAM.
21: DHONRAJ BONGRUNG
S/O. LT. BATIRAM BONGRUNG
VILL. NHARBARI SAMUKJULI
P.O. TINISUTI
PIN-784173
DIST. SONITPUR/BISWANATH
ASSAM
Page No.# 5/8
VERSUS
THE STATE OF ASSAM and 5 ORS.
SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
JURIPAR
PANJABARI
GUWAHATI-37.
3:THE DEPUTY COMMISSIONER
SONITPUR DISTRICT
ASSAM.
4:THE DEPUTY COMMISSIONER
BISWANATH DISTRICT
ASSAM.
5:THE CHIEF EXECUTIVE OFFICER
ZILLA PARISHAD
MAIN RD
MAHABHAIRAB
TEZPUR
DISTRICT SONITPUR
ASSAM
PIN 784001.
6:THE BLOCK DEVELOPMENT OFFICER
SAKOMATHA BLOCK
BISWANATH
ASSAM
PIN 784176
For the Petitioner(s) : None appears.
For the Respondent(s) : Mr. P. Handique, Advocate.
Page No.# 6/8
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 11-10-2023
The instant writ petition has been filed by the Petitioners being aggrieved
by the inaction on the part of the Respondent Authorities in not making
payment of their allowances/honorarium which they are legally entitled to under
the provisions of the Assam Panchayat Act of 1994 and the Assam (Panchayat)
Administrative Rules, 2002.
2. Mr. P. Handique, the learned counsel appearing on behalf of the P & RD
Department submits that the issue involved in the instant writ petition had
already been settled by this Court in its judgment rendered in the case of Poli
Nagbongshi and Ors. Vs. State of Assam and Anr. reported in 2023 SCC
Online Gau 1323/2023 (2) GLT 605.
3. This Court have duly perused the said judgment and from a perusal
thereof, it reveals that it was held by this Court that the Petitioners therein who
were members of the Panchayat Raj Institution were legally entitled to the
monthly allowances as well as the other allowances by virtue of the Assam
Panchayat Act of 1994 and the Assam (Panchayat) Financial Rules, 2002. Under
such circumstances, this Court directed the State of Assam and more
particularly the Principal Secretary to the Government of Assam, Panchayat &
Rural Development Department to verify the claims of the Petitioners therein as
Page No.# 7/8
regards their respective entitlements only insofar as the quantum is concerned
and upon verification, to make payment to the Petitioners therein as per their
entitlement. This Court further directed that for the purpose of making payment,
if there is any requirement to take necessary concurrence from the other
authorities like the Finance Department, the Principal Secretary to the
Government of Assam, Panchayat & Rural Development Department shall do the
needful. Further to that, this Court also had directed the Commissioner and
Secretary to the Government of Assam, Finance Department to do the needful
so that the entitlement of the Petitioners therein were paid by according
necessary approvals and releasing the funds.
4. Taking into account that the issues involved in the instant proceedings are
similar to the issues which were dealt with by this Court in the case of Poli
NagBongshi (supra), this Court also disposes of the writ petition directing the
Principal Secretary to the Government of Assam, Panchayat & Rural
Development Department to verify the claims of the Petitioners herein as
regards their respective entitlements only insofar as the quantum is concerned
and upon verification, to make payment to the Petitioners as per their
entitlement within 6 months from the date a certified copy of the instant order
is served upon the Principal Secretary to the Government of Assam, Panchayat
& Rural Development Department. This Court also directs the Principal Secretary
to the Government of Assam, Panchayat & Rural Development Department to
obtain necessary concurrence from the other Authorities like the Finance
Department, if so required. The Commissioner and Secretary to the Government
of Assam, Finance Department is also directed to accord the necessary
approvals if the Petitioners are found entitled to any amount upon necessary
verification as directed hereinabove.
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6. With the above observations and directions, the petition stands disposed
of.
JUDGE
Comparing Assistant
