Page No.# 1/7 vs The State Of Assam And 3 Ors
2024 Latest Caselaw 5765 Gua

Gauhati High Court

Page No.# 1/7 vs The State Of Assam And 3 Ors on 12 August, 2024

                                                               Page No.# 1/7

GAHC010161742023




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

                            Case No. : WP(C)/4292/2023

         NAZMUL HOQUE BARBHUIYA AND ANR
         S/O- JASHIM UDIN BARBHUIYA,
         VILL- KAPNERPAR,
         P.O- KALIBARI BAZAR, P.S- ALGAPUR,
         DIST- HAILAKANDI, ASSAM, PIN-788150

         2: HUSSAIN AHMED LASKAR
          S/O- SAFIQUE UDDIN LASKAR

         VILL- BORNOGOD

         P.O- KALIBARI BAZAR
          P.S- ALGAPUR

         DIST- HAILAKANDI
         ASSAM
         PIN-78815

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
         GUWAHATI-6.

         2:THE COMMISSIONER

          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          ASSAM
          JURIPAR
          PANJABARI
          GUWAHATI-781037

         3:THE CHIEF EXECUTIVE OFFICER
                                                                          Page No.# 2/7


             CACHAR ZILA PARISHAD
             P.O AND P.S- CACHAR

             DIST-CACHAR
             ASSAM
             PIN-788001

            4:THE BLOCK DEVELOPMENT OFFICER

             SILCHAR DEVELOPMENT BLOCK

            P.O AND P.S- MEHERPUR
             DIST- CACHAR
            ASSAM
             PIN-78801

Advocate for the Petitioner   : MR. S B LASKAR, MS D DUTTA,MS N KALITA,MR. H A
LASKAR

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




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                          ORDER

Date : 12-08-2024

Heard Mr. S. B. Laskar, learned counsel for the petitioners. Also heard Mr. P. Handique, learned counsel for the respondents.

2. Both the petitioners herein are casual employees under the Department of Panchayat & Rural Development, Assam. The petitioner no. 1, Nazmul Hoque Barbhuiya, was appointed as Tax Collector/RM on 01.04.2005 and posted at Katighorah AP under Cachar, ZP; and the petitioner no. 2, Hussain Ahmed Laskar, was appointed as Tax Collector/RM on 25.07.2003 and posted at Kalain AP under Cachar ZP. They have been working as such since then.

Page No.# 3/7

3. By a letter dated 26.11.2021, the Secretary of the Gaon Panchayat submitted a status report of the petitioner's service as casual workers before the Block Development Officers, Silchar Development Block. The report amongst others stated that the petitioner no. 1, Nazmul Hoque Barbhuiya, has been doing his duty as Tax Collector/ Casual Worker at Katighorah AP under Cachar, ZP since 01.04.2005 and he is continuing his duty satisfactorily; and by the letter dated 24.11.2021, the Secretary of the Gaon Panchayat submitted a status report of the petitioner no. 2, Hussain Ahmed Laskar, as a casual worker before the Block Development Officer, Silchar Development Block and the report stated that the petitioner no. 2 has been doing his duty as Tax Collector since 25.07.2003 and has been working continuously till date.

4. The claim of the petitioners is based upon the decision of the Division Bench of this Court in WA/45/2014, which is reproduced herein below:

"22. It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken a s welfare measures for the betterment and security of the employees, in question . We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017."

5. The learned counsel for the petitioner stated that in compliance of the above direction the State has prepared a validation list of casual workers under observation with the list of 3250 Nos. of pre AFARBM casual worker already Page No.# 4/7

approved by the Finance department in pursuance to the order dated 08.06.2017 passed in WA/45/2014 wherein the name of the petitioner no. 1 appeared at serial No. 30 and the petitioner No. 2 appeared at serial No. 33 respectively. Thereafter, by office order No. CPRD/CW/136/2019/Pt/100- 102,dated 14.03.2022, both the petitioners along with others were allowed to draw fixed wages/remunerations of 15,900/- with Dearness Allowances (DA) etc.

6. That pursuant to the above order dated 14.03.2022, the petitioner no. 1 joined his duty as Tax Collector/Road Mohrar at Katigorah AP on 15.03.2022 by submitting his joining report, and the petitioner no. 2 also joined his duty as Tax Collector/ Road Mohrar at Kalain Development Block on 15.03.2022 by submitting a joining report. Their joining reports were accepted and thus they were working as Tax Collector/RM.

7. However, by issuing the impugned order no. CPR/CW/136/2019/Pt/106 dated 25.03.2022, the respondent authorities has kept the said appointment order dated 14.03.2022 in abeyance with retrospective effect from the date of appointment on 14.03.2022 until further order. As a result of the said order the petitioners are deprived of the remuneration/DA etc. as allowed to them by the order dated 14.03.2022. It is the said order dated 25.03.2022 which is impugned in this writ petition.

8. Thereafter, the Block Development Officer, Silchar Development Block vide letter dated 28.10.2022 submitted a status report of casual employee under Silchar Development Block whereby it was informed that he has examined the status report of the petitioners and found that as per report of the Secretary Page No.# 5/7

Madhurbond GP and Berenga GP the service of the both the petitioners were found satisfactory in nature.Thereafter, the Chief Executive Officer, Cachar Zilla Parishad vide letter No.CZP/575/PRCE/2020/166 dated 28.10.2022 submitted the said report in respect of the petitioners before the Commissioner Panchayat & Rural Development, Assam.

9. Then based on the above report, the Chief Executive Officer, Cachar Zilla Parisha, Silchar vide his letter dated 28.10.2022 addressed to the Commissioner, Panchayat & Rural Development, Assam. The content of the said report is reproduced herein below:

"Sir,

With reference to the above, I have the honour to report and to ascertain the actual list of the two communications of letter vide No.CZP 123/Pt-III/2014-15/58, dated 20.10.2020 and No.CZP 123/Pt-III/2014-15/55, dated 21.09.2020 from this Office. It found that the illegible communication were made on the basis of GP Secretary concerned however, another communication vide the letter No. CZP 123/Pt- III/2014-15/43 dated 16.03.2022 which are reported on the basis of the reports submitted by the Block Development Officers concerned pursuing on which the order No, CPRD/CW/136/Pt/100-102, sated 14.03.2022 was kept in abeyance.

However, the status report in respect of two nos of casual employee mentioned in the subject from the then GP Secretary and present GP Secretary of the concerned GP and also present status report of Block Development Officer of Silchar Development Block received by this office which are being enclosed with this letter for favour of your kind information and necessary action"

10. Thereafter, the petitioners have submitted a petition before the concerned authority requesting for release of salaries pursuant to the office order dated 14.03.2022 in view of the status report dated 28.10.2022 and subsequently submitted a representation before the respondent authorities for disposal of their representation. However, the said representation has not yet been attended and disposed of by the respondent authority.

Page No.# 6/7

11. The learned counsel for the petitioners submits impugned order issued by the respondent authority is arbitrary and due to which the petitioners are deprived of their benefits. However, at this stage, the petitioner has a limited prayer that since they have submitted a representation for release of their salaries as per the order dated 14.03.2022, the respondent authorities may be directed to dispose of the said representation in the light of the Status report submitted by the BDO, Silchar Development Block on 28.10.2022 addressed to the CEO, Cachar Zilla Parishad and in the light of the Division Bench's judgment passed by this Court on 08.06.2017 in WA/45/2014.

12. The learned counsel for the respondents conceded to the submission made by the learned counsel for the petitioners and submits that the respondent authorities may be directed to verify the service records of both the petitioners in the light of the Status report that has been furnished by the BDO, Silchar Development Block to the CEO, Cachar Zilla Parishad on 28.10.2022 and in the light of the judgment passed by the Division bench of this Court in WA/45/2014 as to the entitlement of the petitioners minimum scale of pay.

13. In view of the above submissions, and as agreed upon by the learned counsel for the parties, this writ petition is disposed of with a direction to the respondent authorities to verify the service records of both the petitioners in the light of the Status report that has been furnished by the BDO, Silchar Development Block to the CEO, Cachar Zilla Parishad on 28.10.2022 and in the light of the judgment passed by the Division bench of this Court in WA/45/2014 as to the entitlement of the petitioners minimum scale of pay and dispose of the representation submitted by the petitioners within 4(four) weeks from the date of receipt of a certified copy of this order.

Page No.# 7/7

With the above observation, this writ petition stands disposed of.

JUDGE

Comparing Assistant