Andaman and Nicobar Pri Karmachari Sangh Vs the Honorable Lieutenant Governor — Calcutta HC (2024) — LawSathi Research

Andaman and Nicobar Pri Karmachari Sangh Vs the Honorable Lieutenant Governor — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the Pradhan of each concerned Gram Panchayat (respondent no.5) to ensure strict compliance with all rules of engagement of DRMs and payment of 1/30th of pay plus Dearness Allowance only up to the authorised number of DRMs; each Pradhan to submit a detailed report and records/account details to respondent no.4 within two months; respondent no.4 to issue necessary directions to the Gram Panchayats ensuring strict implementation of the Circulars dated 12.07.2023 and 10.08.2023; no order as to costs.

Issue for consideration

Whether the orders dated 12.07.2023 and subsequent orders (Circulars dated 12.07.2023 and 10.08.2023) apply to every department of the Administration so as to entitle DRMs under PRI to payment of 1/30th minimum pay plus dearness allowance, notwithstanding the respondents' claim that numerous criteria limit applicability of the Circular. +1 more

Court's answer

The Court rejected the respondents' submission that the order dated 12th July, 2023 and subsequent orders do not apply to every department of the Administration, declaring itself unable to accept the argument.

Ratio / Principle

Payment of 1/30th of pay plus Dearness Allowance is to be ensured by the Pradhan of the concerned Gram Panchayat (respondent no.5) strictly in accordance with the rules of engagement of DRMs framed in terms of Circular dated 12.07.2023, and only to the extent of the number of DRMs he is authorised to engage.

Key takeaways

Finding of irregularity: in some Gram Panchayats more than four DRMs have been engaged and are being paid; some Gram Panchayats engaging four DRMs were not paying the 1/30th of minimum pay along with Dearness Allowance; and in some the number engaged was unknown, DRMs being employed at the whim and fancy of the PRI concerned.ratio¶¶17
Each Pradhan of the Gram Panchayat/PRI concerned shall submit a detailed report to respondent no.4 within two months of receipt of the order, indicating the number of DRMs, the dates of engagement, and the quantum of wages actually paid since inception and since the Circulars dated 12.07.2023 and 10.08.2023.ratio¶¶18
Records maintained in respect of the DRMs, the period of their engagement, and the details of accounts of payments to the DRMs shall also be sent by the Pradhan to respondent no.4.

Detailed headnote1 paragraphs

Writ Petition (WPA/602/2024) disposed of with directions by the High Court at Calcutta, Circuit Bench at Port Blair (Rajasekhar Mantha, J.), on November 11, 2024. The Court rejected the respondents' contention that the orders dated 12th July, 2023 and subsequent orders do not apply to every department of the Administration, thereby affirming the applicability of the Circulars dated 12.07.2023 and 10.08.2023 providing for payment of 1/30th of minimum pay plus dearness allowance to DRMs under PRI. Noting that some Gram Panchayats had engaged and paid more DRMs than permitted, others engaging four DRMs without paying the allowance, and in some the number engaged was unknown, the Court directed: (i) the Pradhan of each concerned Gram Panchayat (respondent no.5) to ensure strict compliance with all rules of engagement of DRMs framed in terms of the Circular dated 12.07.2023 and to pay the 1/30th pay plus Dearness Allowance only to the authorised number of DRMs; (ii) each Pradhan to submit, within two months of receipt of the order, a detailed report to respondent no.4 indicating the number of DRMs, dates of engagement, and quantum of wages paid since inception and since the two Circulars, together with records and account details; and (iii) respondent no.4 to issue necessary directions to the Gram Panchayats ensuring strict implementation of the Circulars. Urgent certified copies to be furnished on compliance of formalities. No order as to costs.

1

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ]

WPA/602/2024

Andaman and Nicobar PRI Karmachari Sangh and another

Vs.

The Hon’ble Lieutenant Government and Others

Mr. Gopala Binnu Kumar Ms. Vinita Devi … for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi … for the respondents

November 11, 2024 [SR] Item No.54

Based on the directions of 06.11.2024, Mr. Shatadru Chakraborty, has obtained instructions.

It is submitted that the order dated 12^th July, 2023 and subsequent orders do not apply to every department of the Administration. There are large number of criteria to be met with for attracting the Circular for payment of 1/30^th minimum pay plus dearness allowance to the DRMs under PRI. This court is however unable to accept the argument.

Mr. Chakraborty has placed before this Court records of discussion of the verification committee constituted vide Office Order No.1552 dated 26.08.2023. The said committee was constituted to ensure strict compliance of the Circulars dated 12.07.2023 and dated 10.08.2023.

There appear to be two classes of DRMs - one engaged prior to 08.04.2015 and those engaged thereafter. The number of DRMs that a PRI can engage is also stipulated under the rules framed in terms of Circular dated 12.07.2023.

2

The Pradhan of the concerned Gram Panchayat, respondent no.5 shall ensure strict compliance of all rules of engagement of DRMs and ensure payments of 1/30^th of pay plus Dearness Allowance only to the extent of number of DRMs that he is authorised to engage in accordance with the rules framed thereunder.

It appears that in respect of some Gram Panchayats, more than four DRMs have been engaged and are being paid. Some Gram Panchayats are engaging four DRMs and were not paying the 1/30^th of minimum pay along with Dearness allowance. In fact, in some Gram Panchyats, the number of persons engaged is unknown and DRMs are employed at the the whim and fancy of the PRI concerned. The question of payment of 1/30^th of minimum pay plus D.A is a far cry for some DRMs in some Gram Panchayats.

Let each Pradhan, Gram Panchayat/PRI concerned submit a detailed report to respondent no.4 within a period of two months from the date of receipt of copy of this order indicating the number of DRMs, the date from which they have been engaged, the quantum of wages actually made to them since inception and since after the Circulars dated 12.07.2023 and 10.08.2023.

The records maintained in respect of the said DRMs and the period of their engagement, the details of accounts of the payment to the DRMs shall also be sent by the Pradhan to the respondent no.4.

The respondent no.4 shall thereafter issue necessary directions to the Gram Panchayats and ensure strict

3

implementation of the aforesaid Circulars dated 12.07.2023 and 10.08.2023.

With the above said directions, the writ petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be given to the parties upon compliance of all formalities.

( Rajasekhar Mantha, J. )