Page No.# 1/12 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 809 Gua

Gauhati High Court

Page No.# 1/12 vs The State Of Assam And 4 Ors on 4 June, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                Page No.# 1/12

GAHC010234862017




                                                          2025:GAU-AS:7232

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

                            Case No. : WP(C)/2197/2017

         MILAN DUTTA
         S/O. LT. BHOGESWAR DUTTA, R/O. UJAN BAZAR NEAR RAJBHAWAN, P.O.
         and P.S.- LATASIL, DIST. KAMRUPM, ASSAM, PIN-781001.



         VERSUS

         THE STATE OF ASSAM and 4 ORS.
         REPRESENTED BY THE COMMISSIONER and SECRETARY, TRANSPORT
         DEPTT., GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, KAMRUPM,
         ASSAM.

         2:THE COMMISSIONER and SECRETARY

          FINANCE DEPTT.
          GOVT. OF ASSAM
          DISPUR
          GUWAHATI-781006
          KAMRUPM
          ASSAM.

         3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

          REPRESENTED BY ITS MANAGING DIRECTOR
          PALTANBAZAR
          GUWAHATI-781008
          KAMRUPM
          ASSAM.

         4:THE CHIEF ENGINEER C

          ASSAM STATE TRANSPORT CORPORATION
          PALTANBAZAR
                                                                           Page No.# 2/12

           GUWAHATI-781008
           KAMRUPM
           ASSAM.

          5:THE ASSTT. EXECUTIVE ENGINEER

           ASSAM STATE TRANSPORT CORPORATION
           PALTANBAZAR
           GUWAHATI-781008
           KAMRUPM
           ASSAM

Advocate for the Petitioner : MR.M J GOGOI, MR. K ISLAM,MR A RASHID,MR M
CHETIA,MR T H HAZARIKA,MR.A K DAS,MR. B SARMA,MR.B SINHA,MR. N ALAM,MR. S U
AHMED

Advocate for the Respondent : SC, FINANCE, MS. M D BORAH, SC, TRANSPORT
DEPARTMENT,MS.U BARUAH(SC, ASTC.),GA, ASSAM




           Linked Case : WP(C)/2196/2017

          SIBA DAIMARY
          S/O. PATI RAM DAIMARY
          R/O. KHOIRABARI
          P.O. and P.S. KHOIRABARI
          DIST. UDALGURI
          ASSAM
          PIN-784522.


           VERSUS

          THE STATE OF ASSAM and 4 ORS.
          REP. BY THE COMM. and SECY.
          TRANSPORT DEPTT.
          GOVT. OF ASSAM
          DISPUR
          GHY.-781006
          KAMRUP M
          ASSAM.

          2:THE COMMISSIONER and SECY.
                                                         Page No.# 3/12

FINANCE DEPTT.
GOVT. OF ASSAM
DISPUR
GHY.-781006
KAMRUP M
ASSAM.

3:THE ASSAM STATE TRANSPORT CORPN. ASTC

REP. BY ITS MANAGING DIRECTOR
PALTANBAZAR
GHY.-781008
KAMRUP M
ASSAM.

4:THE CHIEF ENGINEER C

ASSAM STATE TRANSPORT CORPN.
PALTANBAZAR
GHY.-781008
KAMRUP M
ASSAM.

5:THE ASSTT. EXECUTIVE ENGINEER

ASSAM STATE TRANSPORT CORPN.
PALTANBAZAR
GHY.-781008
KAMRUP M
ASSAM.
------------
Advocate for : MR.B SINHA
Advocate for : SC
FINANCE appearing for THE STATE OF ASSAM and 4 ORS.



Linked Case : WP(C)/2103/2017

AFJAL ALI
S/O LT. AMTAJ ALI AGED ABOUT- 50 YEARS R/O WARD NO. 2
P.S. and P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN - 784125


VERSUS
                                                         Page No.# 4/12


THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY
TRANSPORT DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI - 781006
KAMRUP M
ASSAM

2:THE COMMISIONER and SECRETARY
FINANCE DEPARTMENT
 GOVT. OF ASSAM
 DISPUR
 GUWAHATI- 781006
 KAMRUP M
ASSAM

3:THE ASSAM STATE TRANSPORT CORPORATION
ASTC
REP. BY ITS MANAGING DIRECTOR
PALTAN BAZAR
GUWAHATI - 781008
KAMRUP M
ASSAM

4:THE CHIEF ENGINEER

C
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
GUWAHATI - 781008
KAMRUP M
ASSAM

5:THE ASSISTANT EXECUTIVE ENGINEER

ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
GUWAHATI - 781008
KAMRUP M
ASSAM.
------------
Advocate for : MR.A K DAS
Advocate for : MS. M D BORAH
SC
TRANSPORT DEPARTMENT appearing for THE STATE OF ASSAM and 4 ORS.
                                                 Page No.# 5/12



Linked Case : WP(C)/2052/2017

DHANANJOY TALUKDAR
S/O. KISHAD TALUKDAR
R/O. SARUPETA
P.S. PATACHARKUCHI
DIST. BARPETA
ASSAM
PIN-781318.


VERSUS

THE STATE OF ASSAM and 4 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY
TRANSPORT DEPTT.
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
KAMRUPM
ASSAM.

2:THE COMMISSIONER and SECRETARY

FINANCE DEPTT.
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
KAMRUPM
ASSAM.

3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

REPRESENTED BY ITS MANAGING DIRECTOR
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.

4:THE CHIEF ENGINEER C

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.
                                                     Page No.# 6/12


5:THE ASSTT. EXECUTIVE ENGINEER

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.
------------
Advocate for : MR.M J GOGOI
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM and 4 ORS.



Linked Case : WP(C)/2049/2017

ATIKUL HAQUE
S/O. LT. YASIN ALI
R/O. VILL. GANDHI NAGAR
P.O. and P.S. BARPETA
DIST. BARPETA
ASSAM. PIN-781301.


VERSUS

THE STATE OF ASSAM and 4 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY
TRANSPORT DEPTT.
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
KAMRUPM
ASSAM.

2:THE COMMISSIONER and SECRETARY

FINANCE DEPTT.
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
KAMRUPM
ASSAM.

3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

REPRESENTED BY ITS MANAGING DIRECTOR
                                                         Page No.# 7/12

PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.

4:THE CHIEF ENGINEER C

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.

5:THE ASSTT. EXECUTIVE ENGINEER

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.
------------
Advocate for : MR.B SINHA
Advocate for : MS. M D BORA
SC
TRANSPORT DEPARTMENT appearing for THE STATE OF ASSAM and 4 ORS.



Linked Case : WP(C)/1680/2017

KANDARPA BARUAH
S/O. LT. HAREN BARUAH
R/O. BAZARAPARA
P.O. and P.S. PALASBARI
DIST. KAMRUPR
ASSAM
PIN-781128.


VERSUS

THE STATE OF ASSAM and 5 ORS.
REP. BY THE COMMISSIONER and SECRETARY
TRANSPORT DEPTT.
GOVT. OF ASSAM
DISPUR
GHY.-781006
KAMRUPM
                                                       Page No.# 8/12

ASSAM.

2:THE COMMISSIONER and SECRETARY

FINANCE DEPTT.
GOVT. OF ASSAM
DISPUR
GHY.-781006
KAMRUPM
ASSAM.

3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

REP. BY ITS MANAGING DIRECTOR
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM.

4:THE CHIEF ENGINEER C

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
GHY.-781008
KAMRUPM
ASSAM.

5:THE ASSTT. EXECUTIVE ENGINEER

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
GHY.-781008
KAMRUPM
ASSAM.

6:THE STATION-IN-CHARGE

ASSAM STATE TRANSPORT CORPORATION
MIRZA
GUWAHATI-781125
KAMRUPM
ASSAM.
------------
Advocate for : xx
Advocate for : SC
FINANCE appearing for THE STATE OF ASSAM and 5 ORS.
                                                 Page No.# 9/12


Linked Case : WP(C)/2033/2017

MAHIRUL ISLAM
SON OF TUNO ALI
RESIDENT OF DEKARBARI
PO AMGURI
P.S. SORBHOG
DIST. BARPETA
ASSAM
PIN-781317


VERSUS

THE STATE OF ASSAM and 4 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY
TRANSPORT DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
KAMRUP M
ASSAM

2:THE COMMISSIONER and SECRETARY
FINANCE DEPARTMENT
 GOVT. OF ASSAM
 DISPUR
 GUWAHATI-781006
 KAMRUP M
ASSAM

3:THE ASSAM STATE TRANSPORT CORPORATION ASTC
REPRESENTED BY ITS MANAGING DIRECTOR
PALTANBAZAR
GUWAHATI-781008
KAMRUPM
ASSAM

4:THE CHIEF ENGINEERING C
ASSAM STATE TRANSPORT CORPORATION
KAMRUPM
ASSAM

5:THE ASSISTANT EXECUTIVE ENGINEER

ASSAM STATE TRANSPORT CORPORATION
PALTANBAZAR
                                                                      Page No.# 10/12

           GUWAHATI-781008
           KAMRUP M
           ASSAM
           ------------
           Advocate for : MR. B SARMA
           Advocate for : GA
           ASSAM appearing for THE STATE OF ASSAM and 4 ORS.



                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

Date : 04-06-2025

Heard Mr. TH Hazarika, learned counsel for the petitioners in WP(C) No. 2197/2017 and WP(C) No. 2049/2017. No one appears for the petitioners in the other connected writ petitions. Also heard Ms. R Deka, learned counsel for the ASTC; Ms. MD Borah, learned counsel for the respondent No. 1 as well as Mr. M Bhuyan, learned counsel appearing on behalf of Mr. B Gogoi, learned counsel for the Finance Department.

2. The grievance of all the writ petitions relates to non-payment of their contractual dues due to diversion of funds, which were originally sanctioned by the Government under the head "Construction of Civil Works for Improvement of 15 numbers of Station Building of ASTC Stations". The affidavit of the respondent Nos. 3, 4 & 5 is to the effect that due to unavoidable circumstances, the planned funds sanctioned for undertaking the civil works have been utilized by the Corporation for disbursement of salaries of the employees of the Corporation.

3. It has also been stated in the affidavit of the respondent Nos. 3, 4 & 5 that Page No.# 11/12

the Corporation is concerned about the delay in payment of the bills of the petitioners and the matter has been taken up with the highest authorities in the State Government, for immediate release of the amounts claimed by the petitioners.

4. The counsels for the respondents submit that though there is no denial with regard to the fact that the petitioners are to be paid their contractual dues, the exact amount payable to each of them would have to be re-verified. Thereafter, the admitted amount would be paid to the petitioners.

5. I have heard the learned counsels for the parties.

6. All the 7 (seven) writ petitions have been filed in the year 2017 for non- payment of their contractual dues. The dues that has been claimed by the various writ petitioners in various writ petitions are as follows:-

WP(C) 2197/2017            Rs. 94,87,012/-
WP(C) 1680/2017            Rs. 22,00,917/-
WP(C) 2033/2017            Rs. 42,65,000/-
WP(C) 2049/2017            Rs. 23,79,334/-
WP(C) 2052/2017            Rs. 74,24,999/-
WP(C) 2103/2017            Rs. 26,55,000/-
WP(C) 2196/2017            Rs. 26,55,520/-

7. In view of the stand taken by the respondents that they will pay the admitted dues of the petitioners, this Court is of the view that in terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1, verification should be conducted by the respondent No. 3 with regard to the claims of the petitioners Page No.# 12/12

and the admitted amount should be paid to the petitioners immediately thereafter. The entire exercise, from the time of verification till payment of the admitted amount of the petitioners should be carried out, within a period of 5 (five) months from the date of receipt of a certified copy of this order.

8. The writ petitions are disposed of accordingly.

JUDGE

Comparing Assistant