Allowed

Monowara Khatun v. the State of Assam and 5 Ors.

Gauhati HC11 Sept 2019WP(C)/5193/2019

Case brief

AI extract

What is this about?

This writ petition seeks payment of arrear monthly remuneration for the petitioner, elected President of a Gaon Panchayat. The court directed the Gaon Panchayat to release the due amount as the remuneration must be paid from its own resources.

What did the court decide?

No.6 Katarihara Gaon Panchayat directed to release due monthly remuneration of the petitioner within three months from receipt of certified copy of order.

Monowara Khatun Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010170402019

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

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Case No. : WP(C) 5193/2019

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1:MONOWARA KHATUN

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W/O. ABUL HUSSAIN, VILL. TEKONA, P.O. KATARIHARA, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM, PIN-783132.

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-06.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

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4:THE DY. COMMISSIONER GOALPARA ASSAM PIN-783101.

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5:THE GOALPARA ZILLA PARISHAD REP. BY THE CHIEF EXECUTIVE OFFICER GOALPARA ZILLA PARISHAD GOALPARA ASSAM PIN-783101.

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6:THE JALESWAR ANCHALIK PANCHAYAT

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REP. BY THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER P.O. KATARIHARA P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN-783132

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7:THE NO. 6 KATARIHARA GAON PANCHAYAT REP. BY THE SECRETARY, KATARIHARA GAON PANCHAYAT JALESWAR ANCHALIK PANCHAYAT, JALESWAR P.O. KATARIHARA, P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN-783132

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Advocate for the Petitioner : MR. A F N U MOLLAH

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 11-09-2019

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Heard Mr. AFNU Mollah, learned counsel for the petitioner and Mr. M. Nath, learned Standing Counsel, Panchayat and Rural Development Department, Government of Assam.

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Having regard to the subject-matter of the writ petition and the order that is proposed to be passed, Court is of the view that matter can be disposed of at the motion stage itself.

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On request of learned counsel for the petitioner, Katarihara Gaon Panchayat, Jaleswar through its President in the district of Goalpara be added as respondent No.7. Necessary correction may be made by hand.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to pay arrear monthly remuneration and allowance @ Rs.5000/for a period of 46 months in terms of Government notification dated 10.12.2012 and order dated 24.05.2013.

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Case of the petitioner is that she was elected as President of No.6 Katarihara Gaon Panchayat on 19.03.2013; first meeting of which was held on 03.01.2014 whereafter she continued to hold the said office for a period of 5 years which period expired on 02.01.2019.

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As per Rule 15 of the Assam Panchayat (Administrative) Rules, 2002 (hereinafter referred to as the Administrative Rules), President of a Gaon Panchayat is entitled to Rs.1000/- per month as monthly remuneration. Vide notification dated 10.12.2012 of the Panchayat and Rural Development Department, Government of Assam, the amount of Rs.1000/- was enhanced to Rs.5000/-. Secretary to the Government of Assam, Panchayat and Rural Development Department issued order dated 24.05.2013 directing all Chief Executive Officers of the Zilla Parishads in the State of Assam to pay the remuneration of elected representatives of the local Panchayati Raj institutions with effect from 11.12.2012.

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Petitioner has stated that she was paid the monthly remuneration @ Rs.5000/- for a period of 14 months whereafter such monthly remuneration was stopped.

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Petitioner represented before the Chief Executive Officer, Goalpara Zilla Parishad on 29.06.2018 for payment of the balance remuneration of 46 months. However, there was no response.

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Aggrieved, present writ petition has been filed.

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On 05.08.2019, learned Standing Counsel was directed to obtain instructions.

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Today when the matter is called upon, Mr. Nath submits that such remuneration is to be paid by the Gaon Panchayat out of its own resources in terms of Rule 15. He also submits that very recently an amount of Rs.13227.00 lakhs (Rupees One Hundred Thirty Two Crores and Twenty Seven Lakhs) has been released to the Zilla Parishads, Anchalik Panchayats and Gaon Panchayats by the Government of Assam under the award of 5^th Assam State Finance Commission for the year 2018-2019. The amount was released to the bank accounts of 21 numbers of Zilla Parishads.

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Rule 15 of the Administrative Rules deals with remuneration of non-officials of Gaon Panchayat and sitting allowance of members. As per Sub-Rule (i), President of Gaon

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Panchayat shall be entitled to a monthly remuneration of Rs.1000/- out of its own resources. By the notification dated 10.12.2012, amendments were made to the Administrative Rules by way of Assam Panchayat (Administrative) (Amendment) Rules, 2012 whereunder monthly remuneration of Rs.1000/- for President of Gaon Panchayat has been enhanced to Rs.5000/-.

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In the light of the above, No.6 Katarihara Gaon Panchayat is directed to release the due monthly remuneration of the petitioner as President of the said Gaon Panchayat.

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Chief Executive Officer of Goalpara Zilla Parishad shall ensure that the said amount is received by the petitioner.

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Let the amount be paid to the petitioner within a period of three months from the date of receipt of a certified copy of this order.

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Writ petition is disposed of.

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JUDGE

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Comparing Assistant

Monowara Khatun v. the State of Assam and 5 Ors.

Case brief

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Monowara Khatun v. the State of Assam and 5 Ors.

Case brief

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