Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Othrs on 26 May, 2025
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/5
GAHC010093362025
2025:GAU-AS:6637
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2535/2025
SRI DILIP LAHON
S/O-LATE PURNAKANTA LAHON,R/O-VILL. GARKUSH LAHON,P.O-
KARIGAON,DIST-SIVASAGAR,ASSAM-785667
2: SUCHAN CHANDRA GOGOI
S/O-LATE GARUA GOGOI
R/O-VILL.CHEREKAPAR KHELUA
P.O-CHEREKAPAR
DIST-SIVASAGAR
ASSAM-785701
3: GIRINDRA BHUYAN
S/O-LATE DIMBESWAR BHUYAN R/O-VILL. AND P.O-SALAGURI
DIST-SIVSAGAR
ASSAM-785666
4: PRABIN KUMAR BARUAH
S/O-LATE SOMESWAR BARUAH
R/O-GARAKUSH SENSWA
P.O-KARIGAON
DIST-SIVSAGAR
ASSAM-785667
5: AJAY KUMAR GOGOI
S/O-LATE MUTAN GOGOI
R/O-VILL. TAXI MOTHADANG
P.O-1 NO.CHAUKARA
DIST-SIVSAGAR
ASSAM-785667
6: GOJEN DUTTA
S/O-LATE.NOGEN CHANDRA DUTTA
R/O-VILL.MELENG LOKHAR
P.O-BORKHELIA
Page No.# 2/5
DIST JORHAT
ASSAM-785101
7: BHOLA RAM BORAH
S/O-LATE DAYA RAM BORAH
R/O-VILL.MELENG LAHKAR
P.O-BORKHELIA
P.S-TEOK
DIST-JORHAT
ASSAM-785101
8: RANJIT SAIKIA
S/O-LATE KAMAL SAIKIA
R/O-VILL.NARA HILOIDHARI MOLIA
P.O-LAHDOIGARH
P.S-TEOK
DIST-JORHAT
ASSAM-785700
9: JOGEN GOGOI
S/O-LATE SUNDOR GOGOI
R/O-VILL. UTTOR HATICHUNGI GAON
P.O-NA-ALI DHEKIAJULI
P.S-JORHAT
DIST-JORHAT
ASSAM-785009
10: JADAB BORAH
S/O-LATE RAK
R/O- VILL.KAKOJAN ARANDHARA
P.O-RAJOI TINALI
P.S-TEOK
DIST-JORHAT
ASSAM-785007
11: KALIA DUTTA
S/O-LATE BIDYADHAR DUTTA
R/O-KRISHNA BHANDAR KOTOKI PUKHURI
P.O-R.R.L.JORHAT
ASSAM-78500
VERSUS
THE STATE OF ASSAM AND OTHRS
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF
ASSAM,DISPUR,GUWAHATI-781006,ASSAM
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
Page No.# 3/5
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
ASSAM
3:THE SECRETARY TO THE GOVT OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-781006
ASSAM
4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION
LIMITED
REP. BY ITS MANAGING DIRECTOR
ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION
LIMITED
ULUBARI
GUWAHATI-781007
ASSAM
5:THE MANAGING DIRECTOR
THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION
LIMITED
ULUBARI
GUWAHATI-78100
Advocate for the Petitioner : MR P BHARDWAJ, MS. B DEVI
Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 26/05/2025
Heard Mr. P. Bharadwaj, learned counsel for the writ petitioners. Also heard Mr. A. Chakraborty,
learned Government Advocate, Assam, appearing for the respondent no.1; Mr. P. Nayak, learned
Additional Advocate General (Fin), Government of Assam, appearing for the respondent no. 2 and Mr.
N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam, appearing for the respondent
nos. 3, 4 & 5.
Page No.# 4/5
The petitioners herein are former employees of now defunct Assam State Minor Irrigation
Development Corporation Ltd. (ASMIDC). The writ petitioners, along with other similarly situated
employees, were given VRS benefits sanctioned vide notification dated 13/05/2025. The grievance of
the petitioners is that despite appropraite notification issued by the Government with the approval of
the Cabinet, they have been denied the benefits of House Rent Allowance, Medical Allowance and City
Compensatory Allowances. Hence, this writ petition.
Mr. Bharadwaj submits that the grievance of the petitioners is covered by the judgement and
order dated 24/07/2023 passed by this Court in WP(C) No. 5836/2022 wherein, similarly situated
employees approaching this Court have been granted relief. As such, a similar order be passed by this
Court in the present petition as well.
Mr. Upadhyay, learned Departmental counsel, on due verification of record and after obtaining
instruction, submits that the case of the petitioners is covered by the judgement and order dated
24/07/2023 passed by this Court in WP(C) No. 5836/2022.
It appears from the perusal of the records that after taking note of the grievance expressed by
the similarly situated employees of the ASMIDC, this Court had passed judgement and order dated
24/07/2023 in WP(C) No. 5836/2022. The operative part of the order is reproduced herein below for
ready reference :-
"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
Page No.# 5/5
declaring VRS benefits and accordingly, the respondent Irrigation Department is
directed to consider the 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."
Having regard to the nature of grievance expressed in this writ petition, this Court is of the
opinion that the case of the petitioners is covered by the said order. As such, this writ petition also
stand disposed of by issuing a direction in the line of the judgement and order dated 24/07/2023.
The writ petition stands disposed of.
JUDGE
Comparing Assistant
