Gauhati High Court
Meher Khan vs The State Of Assam And 7 Ors on 24 January, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/4
GAHC010013312024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/343/2024
MEHER KHAN
S/O LATE ROBI KHAN, R/O NOTBOMA, SIJUBARI MAZAR, P.O. AND P.S.-
HATIGAON, DIST-KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6
2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DIRECTOR GENERAL OF POLICE
ASSAM
ASSAM POLICE HEADQUARTER
ULUBARI
GUWAHATI-7
4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (S8)
ASSAM
KAHILIPARA
GUWAHATI-19
5:THE INSPECTOR GENERAL OF POLICE (L)
ASSAM
ASSAM POLICE HEADQUARTER
ULUBARI
GUWAHATI-7
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6:SUPERINTENDENT OF POLICE
SB(E)
ASSAM
KAHILIPARA
GUWAHATI-19
7:THE DEPUTY COMMISSIONER OF POLICE (ADMN)
ASSAM
ULUBARI
GUWAHATI-7
8:SUPERINTENDENT OF POLICE
DIPHU
KARBI ANGLONG
ASSA
Advocate for the Petitioner : MR. A B SIDDIQUE
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
24.01.2024
Heard Mr. AB Siddique, learned counsel for the petitioner. Also heard Mr.
J.K. Goswami, learned Additional Senior Government Advocate, Assam for the
respondent nos. 1, 3 and 4 to 8 as well as Mr. R. Borpujari, learned Standing
Counsel, Finance Department for the respondent no.2.
The writ petitioner is before this Court being aggrieved by the deduction
of the advance increments granted to the petitioner in the year April, 2001 from
his salary. The petitioner has urged before this Court that in WP(C)
No.5630/2010, which was filed by a group of writ petitioners, was allowed by a
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Coordinate Bench of this Court by judgment and order dated 22.05.2018. It is
submitted that the issue raised in the writ petition is covered by the said
judgment and order dated 22.05.2018 passed in WP(C) no.5630/2010.
Having heard the learned counsel for the parties and upon careful perusal
of the pleadings on record, it is seen that the judgment and order dated
22.05.2018 was rendered on the premise that in the orders impugned therein
under which the advance increments were sought to be deducted came to be
interfered with and set aside on the principle cult out by Syed Abdul Qadir vs.
State of Bihar reported in (2009) 3 SCC 475 and State of Punjab vs. Rafiq Masih
(White Washer) reported in (2015) 4 SCC 334. The circulars impugned therein
were interfered with and set aside. However, in the present proceedings the
advance increments granted to the petitioner were deducted from his salary as
far as back on April, 2001.
Accordingly, in respect of the petitioner the deduction were made well
prior to the judgment and order dated 22.05.2018 passed in WP(C) WP(C)
no.5630/2010. As such since the deductions have already been made by the
respondent Department, in the event this Court allows the writ petition specific
directions have to be passed to the respondents to refund the amount deducted
from the salary of the writ petitioner.
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A perusal of the pleadings does not reflect as to why the petitioner has
approached this Court after 13 (thirteen) years since the date of deduction of
his advance increments from his salary in April 2001. There is no pleading in
support of the delay which has occurred.
Nevertheless, this Court is of the view that the Additional Senior
Government Advocate, Assam for the respondent nos. 1, 3 and 4 to 8 be
permitted sometime to complete his instructions and place before the Court the
orders that were passed prior to the deduction of the advance increment(s)
from the salary of the petitioner in April, 2001. It is made clear that further
orders if required can only be passed upon such instructions be furnished before
the Court. The question of maintainability of the writ petition is also carried over.
Although notices are not issued, learned counsel for the petitioner shall
furnish sufficient extra copies to the learned Additional Senior Government
Advocate, Assam as well as the learned Standing Counsel, Finance Department.
Let the matter be listed after 4 (four) weeks.
JUDGE
Comparing Assistant
