This order disposed of the petition seeking outstanding remuneration for the petitioner's tenure as Ward Commissioner. The Court directed the respondent authorities to release the balance amount within three months.
Direction upon Respondents 3 and 4 to release the balance remuneration of Rs. 1,05,000/- within 3 months after verification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010030302017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4122/2017
1:MONOMATI OJHA
EX-WARD COMMISSIONER, WARD NO. VI, W/O. SRI BIRENDRA KUMAR OJHA, BAMUNPARA, GOALPARA TOWN, P.O. and DIST. GOALPARA, ASSAM, PIN-783101.
VERSUS
1:THE STATE OF ASSAM and 3 ORS.
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, ASSAM URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI-6
2:THE DIRECTOR
ASSAM MUNICIPAL ADMINISTRATION DEPTT. ASSAM.
3:GOALPARA MUNICIPAL BOARD GOALPARA REPRESENTED BY RESPONDENT NO. 4 ASSAM P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM.
4:THE CHAIRMAN
GOALPARA MUNICIPAL BOARD P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM PIN-783101
Advocate for the Petitioner : MR.B C DEKA
Advocate for the Respondent :
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 02-09-2019
Heard Mr. H. Das, learned counsel for the petitioner. I have also heard Ms. D.D. Barman, learned Govt. Advocate, Assam appearing for the respondent Nos. 1 and 2. None has appeared for the respondent Nos. 3 and 4 despite service of notice.
The writ petitioner herein was a Ward Commissioner and therefore, a part of the Goalpara Municipal Board, Goalpara during the period from 2009-13.
According to the petitioner, he was entitled to receive a total amount of Rs. 2,45,000/- as remuneration for the entire period of 49 months, out of which, he has been already paid a sum of Rs. 1,40,000/- leaving a balance of Rs. 1,05,000/- to be paid by the authorities.
Materials available on record supports the above contention of the petitioner’s counsel.
Learned Govt. Advocate has not disputed the claim of the petitioner. Moreover, it appears that on 27-05-2019, this Court had passed an order in W.P.(C) No. 448/2019 allowing the claim of a similarly situated Ward Commissioner and issued a direction to pay his salary. As per the order of this Court, Mr. Das submits that the outstanding dues of the writ petitioner therein had also been released.
In view of the above, I dispose of this writ petition with a direction upon the respondent Nos. 3 and 4 to release the balance amount of remuneration to the petitioner
Page No.# 3/3
for the services rendered by him, after making necessary verification, within a period of
03 months from the date of receipt of a certified copy of this order.
Writ petition stands closed.
JUDGE GS
Comparing Assistant
1 issue framed by the court
Whether the respondent authorities are liable to pay the petitioner's outstanding remuneration for services rendered as Ward Commissioner.
MONOMATI OJHA
THE STATE OF ASSAM
THE DIRECTOR ASSAM MUNICIPAL ADMINISTRATION DEPTT
GOALPARA MUNICIPAL BOARD
THE CHAIRMAN GOALPARA MUNICIPAL BOARD
SUMAN SHYAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
