Gauhati High Court
Biswanath Chariali Municipal Board vs Khandan Kumar Das And 2 Ors on 23 May, 2025
Page No.# 1/4
GAHC010180532022
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2707/2022
BISWANATH CHARIALI MUNICIPAL BOARD
REPRESENTED BY ITS EXECUTIVE OFFICER SHRI DEBASHIS GOSWAMI,
PO CHARIALI, PS BISWANATH CHARIALI, DIST BISWANATH, ASSAM
784176
VERSUS
KHANDAN KUMAR DAS AND 2 ORS
S/O LT. KHAGEN DAS VILL. AND P.O. GERUABARI, BISWANATH CHARIALI,
DIST BISWANATH, ASSAM, PIN-784176
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
MUNICIPAL ADMINISTRATION
DISPUR GUWAHATI 781006
3:THE DIRECTOR
MUNICIPAL ADMINISTRATION
DISPUR
GUWAHATI 78100
Advocate for the Petitioner : MR. P J SAIKIA, MR. P BORDOLOI
Advocate for the Respondent : GA, ASSAM,
Linked Case : WA/247/2022
BISWANATH CHARIALI MUNICIPAL BOARD
REPRESENTED BY ITS EXECUTIVE OFFICER SHRI DEBASHIS GOSWAMI
PO CHARIALI
PS BISWANATH CHARIALI
DIST BISWANATH
ASSAM 784176
Page No.# 2/4
VERSUS
KHANDAN KUMAR DAS AND 2 ORS.
S/O LT. KHAGEN DAS VILL. AND P.O. GERUABARI BISWANATH CHARIALI
DIST BISWANATH ASSAM
PIN-784176
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
MUNICIPAL ADMINISTRATION
DISPUR GUWAHATI 781006
3:THE DIRECTOR
MUNICIPAL ADMINISTRATION
DISPUR
GUWAHATI 781006
------------
For the petitioners : Mr. K. J. Saikia, Advocate
(for Mr. P. Bordoloi, Advocate)
For respondent(s) : Mr. I. Choudhury, Sr. Advocate
Mr. A. K. Baruah, Advocate
Ms. S. Sarma, GA, Assam
- BEFORE -
HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI
HON'BLE MR. JUSTICE KARDAK ETE
23.05.2025
(Vijay Bishnoi, CJ)
This writ appeal is filed by the appellant being aggrieved with the order
dated 17.08.2021 passed by the learned Single Judge in WP(C) No. 3264/2017,
whereby the learned Single Judge has allowed the writ petition filed by the private
respondent No. 1 herein and has issued the following directions:
"22) Thus, the Court is inclined to pass the following orders:-
a. the respondent no.3 to provide to the petitioner a statement providing the
details of money receivable on account of arrear salary for a period upto
30.11.2015, which shall be done within a period of two weeks from the date
Page No.# 3/4
of receipt of a copy of this order. The statement prepared by the respondent
no.3 shall be based on salary actually due to the petitioner as Tax Daroga,
as per the approved and notified salary structure.
b. The respondent no.3 is also directed to release the balance arrear salary
of the petitioner for the period upto 30.11.2015 within the outer limit of 4
months from the date of receipt of a copy of this order. Accordingly, in
respect of claim for arrear salary as made in prayer (b) of W.P.(C)
3264/2017 and prayer (c) of W.P.(C) 6727/2018 are allowed.
c. In the event the respondent no.3 fails to make payment of the balance
arrear salary to the petitioner upto 31.11.2015 within the time allowed, the
respondent no.3 would be liable to pay interest on the outstanding balance
at the rate of 9% simple interest per annum.
d. The Court is inclined to relegate the petitioner to the Civil Court to agitate
his money claim against salary from 01.12.2015 to 31.07.2019.
Accordingly, it is provided that in the event the petitioner files a suit within a
outer limit of 6(six) weeks from the date of this order, the petitioner would be
entitled to claim the benefit of the provisions of Section 14 of the Limitation
Act, 1963 for agitating his claim before this Court in W.P.(C) 6727/2018.
Accordingly, in respect of claim for current salary as made in prayer (b) of
W.P.(C) 3264/2017 and prayer (c) of W.P.(C) 6727/2018, it is ordered
accordingly.
e. The show-cause notice bearing Memo No. B.C.M.B./2 (New)/2016-
17/213 dated 28.06.2016 issued by the Secretary, Biswanath Chariali
Municipal Board is set aside and quashed.
f. No interference is called for in respect of show-cause notice bearing Memo
No.B.C.M.B./2/2018-19/222 dated 20.08.2018 issued by the Secretary,
Biswanath Chariali Municipal Board. Hence, prayer (a) and (b) of W.P.(C)
6727/2018 is declined.
g. As the petitioner has superannuated on 31.07.2019, the prayer for
allowing him to join his post as made in prayer (c) of W.P.(C) 3264/2017
and prayer (d) of W.P.(C) 6727/2018 has been rendered infructuous.
23) Both the writ petitions stand partly allowed on terms and to the extent as
indicated above.
24) As the respondents have deprived the petitioner of the fruits of judgment
and order dated 12.10.2015 passed by this Court in W.P.(C) 3407/2015, and
compelled him two more rounds of writ petition and to file contempt petition, the
petitioner is found entitled to cost of litigation in respect of these two writ
petitions, which is assessed at Rs.30,000/- (Rupees Thirty thousand only). The
respondent no.3 shall pay such cost to the petitioner within a period of 4(four)
Page No.# 4/4
weeks from the date of this order, failing which it would be open to the
petitioner to realize such cost as envisaged under the Gauhati High Court
Rules"
It is submitted by the learned counsel appearing for the respondents that the
directions issued by the learned Single Judge in paragraph 22(a), (b), (c) and (e) and
paragraph 24 have already been complied with and the arrear salary due to the
appellant along with the cost of Rs. 30,000/- as directed by the learned Single Judge
vide the impugned order. It is also submitted that pursuant to the liberty granted by
the writ court vide paragraph 22(d) of the order, the private respondent has already
preferred a suit before the concerned civil court and the same is pending
consideration.
In view of the fact that the directions issued by the learned Single Judge have
already been complied with, we are not inclined to interfere with the impugned order
passed by the learned Single Judge.
Accordingly, the writ appeal is dismissed.
However, it is open for the appellant to oppose the claim of the private respondent
for salary for the period from 01.12.2015 to 31.07.2019, raised through civil suit
before the concerned civil court, in accordance with law.
Connected Interlocutory Application, if any, stands disposed of.
JUDGE CHIEF JUSTICE
Comparing Assistant
