Petitioner, a former Gaon Panchayat President, filed a writ petition for arrears of salary pending since 2013. The court directed the Commissioner to verify service and disburse remuneration if found due within three months.
Directed Commissioner to consider representation, verify service rendered, and if entitled pay arrears within three months.
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GAHC010246752019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7619/2019
1:AHIJAL HOQUE
S/O- BASHIT ULLAH, R/O- VILL.- DAKERGAON, P.O. KAKRIPARA, P.S. MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
THROUGH THE COMMISSIONER TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, PANJABARI, GUWAHATI-37.
2:THE DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI P.O. AND P.S. HATSINGIMARI PIN- 783135.
3:THE BLOCK DEVELOPMENT OFFICER MANKACHAR DEVELOPMENT BLOCK P.O. AND P.S. MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783131
4:THE SECRETARY 1 NO. JHAGRARCHAR GAON PANCHAYAT P.O. KAKRIPARA P.S. MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783131
Advocate for the Petitioner : MR I HASSAN
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Advocate for the Respondent : GA, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
-O R D E R-
04.10.2019
Heard Mr. I Hassan, learned counsel for the petitioner; Mr. M Nath, learned Standing Counsel, P & RD and Mr. D Nath, learned Additional Senior Government Advocate, Assam.
The petitioner was elected as President of No. 1, Jhagrarchar Gaon Panchayat in February, 2013. A No Confidence Motion was moved against him on 07.07.2014 which, though challenged before the Hon’ble High Court in WP(C) 3508/2014 and resolution dated 17.06.2015 was taken as per the order dated 10.06.2015 in WP(C) 3508/2014 thereby removing the petitioner from the post of Gaon Panchayat President. Another writ petition being WP(C) 162/2016 was filed challenging the resolution of no confidence motion passed against him on 17.06.2015. The said writ petition was disposed of vide order dated 28.11.2016 setting aside the said no confidence motion dated 17.06.2015 but with a liberty to bring a fresh no confidence motion by the members of the Gaon Panchayat against the petitioner. In spite of the order dated 28.11.2016 passed in WP(C) 162/2016 the petitioner was not reinstated in the post of Gaon Panchayat President. After filing of a contempt case in the High Court and during the pendency of the said contempt petition a fresh no confidence motion was passed against the petitioner in the month of June, 2017 removing from his post of Gaon Panchayat President and the contempt petition was withdrawn. The petitioner is aggrieved that he was paid salary for only 3 months but he is entitled for his arrear salary from May, 2013 till his ouster in the month of June, 2017. The petitioner on 16.10.2017 submitted his representation for disbursal of his arrear salary for the aforesaid period.
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 framed in exercise of powers conferred by Section 141 of the Act. Rule 14 (i) of the Rules governs the service conditions and provides
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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. Hence, this writ petition is filed for a direction to release the petitioner’s arrear remuneration.
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.
Accordingly, the Commissioner, P & RD department will consider the representation dated 16.10.2017 of the present petitioner and if the petitioner is found to be entitled to receive his monthly salary from February, 2013 to 16.07.2015, the same shall be disbursed within a period of 3 months from the date of receipt of the certified copy of this order along with a fresh representation of the petitioner with the cooperation of the other official respondents also.
This writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner's representation regarding arrears of salary should be considered and disbursement ordered upon verification of service.
Whether the petitioner is entitled to receive monthly remuneration from February 2013 to 16.07.2015.
Whether the writ petition should be disposed of by directing the respondent to verify service and act accordingly.
Colour shows how this judgement treated each authority
Khagen Chetia & others vs. The State of Assam & othersDistinguished¶25
WP(C) 2067/2019 (Khagen Chetia & others vs. The State of Assam & others)
WP(C) 3508/2014Referred¶21
WP(C) 162/2016Referred¶21
2 provisions across 2 enactments
AHIJAL HOQUE
THE STATE OF ASSAM
COMMISSIONER TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT
BLOCK DEVELOPMENT OFFICER MANKACHAR
SECRETARY 1 NO. JHAGRARCHAR GAON PANCHAYAT
PRASANTA KUMAR DEKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
