Disposed

Zakir Hussain Sarkar and 21 Ors. v. the State of Assam and 7 Ors.

Gauhati HC4 Oct 2019WP(C)/7512/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of the writ petition seeking payment of outstanding remuneration for panchayat members. The Court directed the authorities to verify the service rendered by the petitioners and ensure payment of due remuneration within three months.

What did the court decide?

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

Zakir Hussain Sarkar and 21 Ors. Vs the… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010242422019

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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) 7512/2019

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1:ZAKIR HUSSAIN SARKAR AND 21 ORS.

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PRESIDENT, GAURIPUR ANCHALIK PANCHAYAT, S/O LT. ABDUS SAMAD SK, VILL. AND P.O. TISTARPAR, P.S. AND DIST. DHUBRI, ASSAM, PIN-783324

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2: MAINUL HOQUE BEPARI MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. PADU SK VILL. BINNASARA P.O. BALADOBA P.S. AND DIST. DHUBRI ASSAM PIN-783324

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3: ABDUL AZIZ MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. HOQUE ALI VILL. TIYAMARI AJKHANDAP.O. P.S. AND DIST. DHUBRI ASSAM PIN-783324

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4: MANJILA BIBI MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O MOSLEM UDDIN P.O. AND VILL. JHOGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325 5: CHAMIYA BIBI MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O AMINUR ISLAM VILL. KUNTIRASAR

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P.O. P.S. AND DIST. DHUBRI ASSAM PIN-783325

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6: ALTAF HUSSAIN MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. AKBAR ALI VILL CHAGALCHARA PART-I P.O. P.S. AND DIST. DHUBRI ASSAM PIN-783324

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7: WAHIDA PARVIN MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O NAIB ALI PARAMANIK VILL. GACHPARA P.O. TISTARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783324

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8: RUBINA KHATUN MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O RAFIKUL HOQUE VILL. SASTARGHAT PART-II P.O. SASTARGHAT P.S. AND DIST. DHUBRI ASSAM PIN-783325

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9: ABDUL JABBAR MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. KASHEM ALI VILL. KACHUYARKHAS P.O. TISTARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783324

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10: RASMISA KHATUN BIBI PRESIDENT DEBITOLA ANCHALIK PANCHAYAT W/O JUL MAHAMMAD SK VILL. JHALERALGA PART-I

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P.O. SOUTH GERAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331

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11: SANOWAR HUSSAIN VICE PRESIDENT DEBITOLA ANCHALIK PANCHAYAT S/O ABDUL AZIZ SAK VILL. GHAGERALGA PART-I P.O. GERAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339

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12: LALCHAN MONDAL MEMBER DEBITOLA ANCHALIK PANCHAYAT S/O LT. KASHEM ALI MONDAL VILL. BAGMARI P.O. SOUTH GERAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331

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13: FIROZA BEGUM MEMBER MEMBER DEBITOLA ANCHALIK PANCHAYAT W/O LOTFOR RAHMAN VILL. MATIYABAG P.O. SHILARPAR P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331

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14: USUFA KHATUN MEMBER MEMBER DEBITOLA ANCHALIK PANCHAYAT

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W/O FOMIR UDDIN SK VILL. GERAMARI PART-I P.O. GERAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339

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15: AHAD ALI SK MEMBER MEMBER DEBITOLA ANCHALIK PANCHAYAT S/O LT. NOWSAD ALI SK VILL. GEREMARI PART-IV P.O. ALAMGANJ P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339 16: SHAHANARA BENUN PRESIDENT JAMADARHAT ANCHALIK PANCHAYAT W/O ALOM KHAN VILL. SUNDARPARA PART-I P.O. JAMADARHAT P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783330

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17: JEL HOUQE VICE PRESIDENT JAMADARHAT ANCHALIK PANCHAYAT S/O SIRAZ UDDIN VILL. TARANGAJHAR P.O. JAMADARHAT P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-78333

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18: KABEL KAZI

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MEMBER JAMADARHAT ANCHALIK PANCHAYAT S/O HAKIM UDDIN KAZI VILL. PORAVITA P.O. JAMADARHAT P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-783330

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19: NUR BHANU MEMBER JAMADARHAT ANCHALIK PANCHAYAT W/O HABBAR RAHMAN VILL. MAIRAKUCHI PART- I P.O. AIRKATA P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-783330

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20: SOFIA SULTANA MEMBER JAMADARHAT ANCHALIK PANCHAYAT W/O HABIBAR RAHMAN VILL. DINGDINGA P.O. CHIRAKUTI P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-783330

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21: MOHAMMAD SOKER MEMBER JAMADARHAT ANCHALIK PANCHAYAT S/O FAJAR ALI VILL. GODAR BHITA P.O. MEDORTARYP.S. FAKRIGANJ DIST. DHUBRI ASSAM

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PIN-783330

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22: MAIYORI KHATUN MEMBER JAMADARHAT ANCHALIK PANCHAYAT D/O MADARI SHEIKH VILL. MEDORTARY P.O. MEDORTARY P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-78333

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS.

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, DEPTT. ASSAM, DISPUR, GHY-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. ASSAM DISPUR GHY-06

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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR GHY-37

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4:THE DEPUTY COMMSSIONER DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM PIN-783301

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5:THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD DHUBRI P.O. DHUBRI

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DIST. DHUBRI ASSAM PIN-783301

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6:THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER GAURIPUR P.O.AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-78331 7:THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER DEBITOLA P.O. DEBITOLA P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339

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8:THE EXECUTIVE OFFICE CUM BLOCK DEVELOPMENT OFFICER JAMADARHAT P.O. CHIRAKUTI P.S FAKIRGANJ DIST. DHUBRI ASSAM PIN-783333

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Advocate for the Petitioner : MR. M HUSSAIN 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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04.10.2019

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Heard Mr. M Hussain, learned counsel for the petitioners; Mr. M Nath, learned Standing Counsel, P & RD and Mr. D Nath, learned Additional Senior Government Advocate, Assam.

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The petitioners were elected as members of Gauripur Anchalik Panchayat, Debitola Anchalik Panchayat and Jamadarhat Anchalik Panchayat in Dhubri district of Assam in the election held in the year 2012. 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

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Panchayats are entitled for monthly remuneration. The Assam Panchayat (Administrative) Rules, 2002 (hereinafter referred to as ‘the Rules’) were 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 5 months only and thereafter no remuneration was paid to them. The five year term of the petitioners had already expired on 20.03.2018 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 55 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. 3, 4 & 5 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

Zakir Hussain Sarkar and 21 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

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Zakir Hussain Sarkar and 21 Ors. v. the State of Assam and 7 Ors.

Case brief

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