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Gauhati High Court
Sri Tralukya Hazarika vs The State Of Assam And Othrs on 10 December, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/5
GAHC010254012025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6819/2025
SRI TRALUKYA HAZARIKA
SON OF LATE GANESH CHANDRA HAZARIKA, RESIDENT OF VILL-
ARAGAON, P.O- MORIGAON, DIST- MORIGAON, ASSAM, PIN-782105
VERSUS
THE STATE OF ASSAM AND OTHRS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI781006, ASSAM..
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI - 781006
ASSAM
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI- 781006
ASSAM
4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION
LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION
LIMITED
ULUBARI
GUWAHATI- 781007
ASSAM
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5:THE MANAGING DIRECTOR
THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION
LIMITED
ULUBARI
GUWAHATI- 781007
ASSAM
Advocate for the Petitioner : MR P BHARDWAJ, M RAHMAN,B PARASHAR
Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
10.12.2025
Heard Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. D
Bora, learned Government Advocate for the respondent no.1, Ms. A Borthakur,
learned counsel, Finance Department for the respondent no.2 and Mr. N.
Upadhyay, learned Standing Counsel, Irrigation Department for the respondent
nos. 3, 4 & 5.
It is submitted that the issues involved in this writ petition are akin to the
issues which were decided by a Co-ordinate Bench of this Court in WP(C)
No.5836/2022 by the Judgment and Order dated 24.07.2023. The relevant
portion of the said Judgment and Order dated 24.07.2023 is extracted below:
"The writ petitioners herein were all employees of the Assam State Minor Irrigation
Development Corporation Limited (ASMIDC) which went into liquidation. Consequently, the
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302 employees of the ASMIDC were offered Voluntary Retirement Scheme (VRS) which was
notified by the departmental Secretary on 13.05.2005. The scheme was subsequently revised by
the department vide notification dated 15.02.2006. Accordingly, benefits under the VRS Scheme
was extended to all the 302 numbers of employees including the writ petitioners. However, the
respondents have failed to pay the amount due and payable as House Rent Allowance (HRA),
Medical Allowance (MA) and City Compensatory Allowance (CCA) although the aforesaid
allowances, according to the petitioners, were included in the terms and conditions of the VRS
scheme. Hence, this writ petition.
It appears that earlier a group of similarly situated former employees of ASMIDC had
approached this Court by filing WP(C) No.9562/2019 which was disposed of by the learned
Single Judge by order dated 13.05.2022 by accepting their similar claim for payment of HRA,
MA and CCA. Mr. Bharadwaj submits that the case of the present petitioners is squarely
covered by the judgment and order dated 13.05.2022 and therefore, this writ petition be also
disposed of with a similar direction.
Mr. H. Sarma, learned Addl. Sr. Govt. Advocate, Assam as well as Mr. N. Upadhyay,
learned Standing Counsel, Irrigation Department, Assam have also fairly submitted that the
case of the petitioners would be covered by the judgment and order dated 13.05.2022 passed by
this Court. However, the learned departmental counsel could not confirm as to whether, the
aforesaid order of this Court has already been implemented by the departmental authorities or
not.
Be that as it may, I find from the materials available on record that the writ petitioners in
WP(C) No.9562/2019 had also prayed for a direction for payment of HRA, MA and CCA
against the same authority. They were also amongst the 302 regular employees of the ASMIDC
who were covered under the VRS Scheme notified on 13.05.2005, which was revised by the
department vide notification dated 15.02.2006. Taking note of the prayer made in the writ
petition, the learned Single Judge, by the judgment and order dated 13.05.2022 had passed the
following directions disposing of the writ petition :-
"11. In that view of the matter, it is held that the petitioners are entitled for HRA, MA
and CCA and the same need to be calculated and included in salary for purpose of declaring
VRS benefits and accordingly, the respondent Irrigation Department is directed to consider the
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case of the petitioner in the aforesaid term and if HRA, MA and CCA as per the clause 1(e) of
the VRS scheme dated 15.02.2006 has not been paid, the same be paid within a period of two
months from receipt of certified copy of this order to be furnished by the petitioners before the
respondent authority."
Since there is no dispute at the bar that the writ petitioners herein are also similarly
situated employees of ASMIDC having similar nature of grievance, hence, I do not find any
justifiable ground to deny a similar relief to the writ petitioners. The writ petition is, therefore,
disposed of by providing that the prayer of the petitioners for consideration of HRA, MA and
CCA as per clause 1(e) of the VRS Scheme dated 15.02.2006 be considered and the amount
found due may be paid to them within a period of three months from the date of receipt of a
certified copy of this order. With the above observation, the writ petition stands disposed of."
Mr. D Bora, learned Government Advocate for the respondent no.1 and Mr.
N. Upadhyay, learned Standing Counsel, Irrigation Department for the
respondent nos. 3, 4 & 5 do not object to the submissions made by the learned
counsel for the petitioner.
Upon perusal of the Judgment and Order dated 24.07.2023 passed in
WP(C) No.5836/2022 it is seen that the issues raised in the present writ petition
stands squarely covered by the judgment and order dated 24.07.2023 passed in
WP(C) No.5836/2022. As such, this Court is of the considered view that the
issues in the writ petition too will be covered by the Judgment and Order dated
24.07.2023 passed in WP(C) No.5836/2022.
Accordingly, the writ petition stands disposed of. The claims of the
petitioner will be addressed in terms of the finding contained in the Judgment
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and Order dated 24.07.2023 passed in WP(C) No.5836/2022.
JUDGE
Comparing Assistant
