Disposed

Anjana Borah and 7 Ors. v. the State of Assam and 6 Ors.

Gauhati HC1 Oct 2019WP(C)/7499/2019

Case brief

AI extract

What is this about?

Petitioners, elected panchayat officials seeking unpaid remuneration for over five years, filed this writ petition. The Court directed respondent authorities to verify service rendered and pay dues within three months, disposing the petition at the motion stage.

What did the court decide?

Directive to respondent authorities to verify service rendered and pay due remuneration within three months.

Anjana Borah and 7 Ors. Vs the State of Assam… — Public Procurement and Tenders | Gauhati HC (2019)

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GAHC010242342019

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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) 7499/2019

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1:ANJANA BORAH AND 7 ORS.

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D/O LT. SONA RAM BORAH, R/O VILL. KUNWARIBARI, P.O. SAPEKHATI, P.S. SAPEKHATI, DIST. CHARAIDEO, ASSAM, PIN-785692

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2: ABONI BURAGOHAIN 1 NO. HOWFOW GAON P.O. LONGPATA PS. SONARI DIST. CHARAIDEO ASSAM PIN-785692

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3: NAYANA TANTI D/O SRI SASHI TANTI VIL BOGABAGH T.E. P.O. BAREGAON P.S. SAPEKHATI DIST. CHARAIDEO ASSAM PIN-785692

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4: ANITA BASUMATARI S/O NOBIN BASUMATARI VILL. SORUPATHAR SORUPATHAR GAON PANCHAYAT P.O. BENGENABARI P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 5: TULYA PROBHA CHANGMAI LT. DIGANTA CHANGMAI ATAL PATHAR GAON P.O. GHURAJAN

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P.S. SAPEKHATI DIST. CHARAIDEO ASSAM PIN-785692

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6: DIPALI BORUAH SRI TUNIRAM BORUAH BORHAT MISHAJAN GAON P.O. BORHAT DIST. CHARAIDEO ASSAM PIN-785693

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7: RATNESWAR DULAKAKHARIA C/O LT. PHANIDHAR BULAKAKHARIA VILL. BHUYANKHAT P.O. BORHAT P.S. BORHAT DIST. CHARAIDEO ASSAM PIN-785693 8: GOGON BORGOHAIN LT. BADAN BORGOHAIN VILL. AND P.O. ROHAN DIST. CHARAIDEO ASSAM PIN-78569

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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-781006

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-781006

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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM JURIPAR PANJABARI GUWAHATI-781037

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4:THE DEPUTY COMMISSIONER P.O. AND P.S. SONARI

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DIST. CHARAIDEO ASSAM PIN-785690

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5:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD SIVASAGAR P.O.AND P.S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN-785640

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6:THE BLOCK DEVELOPMENT OFFICER SAPEKHATI DEVELOPMENT BLOCK P.O. AND P.S SAPAKHATI DIST. CHARAIDEO PIN-785690

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7:PRESIDENT SAPEKHATI ANCHALIK PANCHAYAT P.O AND P.S SAPEKHATI DIST. CHARAIDEO PIN-78569

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Advocate for the Petitioner : MR H RAHMAN Advocate for the Respondent : SC, PNRD

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:: BEFORE ::

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HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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-O R D E R-

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01.10.2019

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Heard Mr. H Rahman, learned counsel for the petitioners; Mr. M Nath, learned Standing Counsel, P&RD appearing for the respondent nos. 1, 2 & 3 and Mr. D Nath, learned Additional Senior Government Advocate for the respondent nos. 4 & 6.

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The petitioners were elected as members of Sapekathi Anchalik Panchayat in Charaideo district of Assam in the election held in the year 2013. As per Section 12 (2) of the Assam Panchayat Act, 1994 (hereinafter referred to as ‘the Act’), the President, Vice-President and Ward Members of a Gaon Panchayats and Anchalik Panchayats are entitled for monthly remuneration. The Assam Panchayat (Administrative) Rules, 2002 (hereinafter referred to as ‘the Rules’) were

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framed in exercise of powers conferred by Section 141 of the Act. Rule 14 (i) of the Rules governs the service conditions and provides monthly remuneration to the non-officials of the Anchalik Panchayat as President at the rate of Rs. 1500/-, Vice-President at the rate of Rs. 1000/- and Rs. 500/- to the Members only per month out of its own resources. By Gazette Notification dated 10.12.2012 the Governor of Assam was pleased to make amendment of the aforesaid provisions of Rules 13, 14 & 15 of the Rules and enhanced the monthly remuneration of the President of Anchalik Panchayat from Rs. 1500/- to Rs. 7500/-; Vice-President from Rs. 1000/- to Rs. 5000/and Ward Members from Rs. 500/- to Rs. 2500/-. The petitioners received their monthly remuneration for about 19½ months only and thereafter no remuneration was paid to them. The five year term of the petitioners had already expired on 20.03.2018 and on 04.01.2019 they submitted a representation before the respondent no. 4 but no initiative has been taken by the authority in this regard. Hence, this writ petition is filed for a direction to release the petitioners’ monthly remuneration of remaining 40½ months.

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WP(C) 2067/2019 (Khagen Chetia & others vs. The State of Assam & others) was disposed of on 01.04.2019 by this Court. The petitioners therein claimed for the similar reliefs and the same was disposed of with a direction for verification as to the service rendered by the petitioners as the President, Vice-President and Members of different Wards of the Panchayat and for necessary action. Accordingly, the learned counsel for the respondents also raised no objection in disposing of this writ petition with a similar direction as the one earlier disposed of by this Court. For the said reason this writ petition can be disposed of at the motion stage itself.

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Accordingly, the respondent authorities, more particularly, the respondent nos. 4 & 6 will verify as to service rendered by the petitioners as the President, Vice-President and Members of different wards of the aforesaid Panchayat and if it is found that they had rendered their services as per their claim they shall be paid the due remuneration for the period of service rendered by them. The said exercise shall be completed within a period of 3 (three) months from the date of receipt of the certified copy of this order with the cooperation of other official respondents also.

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This writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Anjana Borah and 7 Ors. v. the State of Assam and 6 Ors.

Case brief

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Anjana Borah and 7 Ors. v. the State of Assam and 6 Ors.

Case brief

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