This writ petition concerns claim files for revised pay, allowances, and Dearness Allowance of Public Works Department employees. The court directed respondents to consider the forwarded claims within three months due to lack of funds.
Respondents directed to consider and pay petitioners' entitlements within three months.
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.
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GAHC010003502019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/247/2019
EMDADUL HOQUE SARKAR AND 10 ORS. SECTION ASSTT, OFFICE OF THE EXECUTIVE ENGINEER, PWD, RURAL ROADS DIVISION, DHUBRI, S/O- LATE HAJI ALAUDDIN SARKAR, R/OGAURIPUR, WARD NO. 2 (SANKARPARA), P.O- AND P.S- GAURIPUR, DISTDHUBRI, ASSAM, PIN- 783331
2: MOFFAZZAL HUSSAIN LD ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI R/O- COLLEGE ROAD (WEST) P.O- BIDYAPARA (KHALILPUR) P.S- DHUBRI DIST- DHUBRI ASSAM 783325
3: ANOWAR HUSSAIN SUB ENGINEER GRADE-II OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI S/O- LATE FASIYATULLAH BEPARI R/O- BIDYAPARA PART-II P.O- AMCO ROAD P.S- DHUBRI DIST- DHUBRI ASSAM 783323
4: ABDAL HUSSAIN
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JUNIOR ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI S/O- LATE KHAYRAT HUSSAIN R/O- CHOTO BASHJANI P.O- CHAGOL CHARA P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 783324 5: NOOR MOHAMMED ALI SECTION ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION R/O- JHAGRAPAR PART-III DIST- DHUBRI ASSAM 783325 6: AMRIT KUMAR ROY SECTION ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI S/O- SRI PURNA CHANDRA ROY R/O- BARUA PATTY (NEAR WATER SUPPLY)P.O- GAURIPUR P.S- GAURIPUR DIST- DHUBRI ASSAM PIN- 783331 7: KHAIRUL SK CHOWKIDAR (ACCOUNT BRANCH) OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI S/O- LATE MAIZUDDIN SK R/O- JHEGRARPAR PART-III (RUPNAGAR) P.O- JHEGRARPAR P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 783325 8: SARKAR REZAUL ISLAM AHMED
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SECTION ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI R/O- SHERNAGAR P.O- AGOMANI P.S- GOLAKGANJ DIST- DHUBRI ASSAM PIN- 783335 9: BIPUL KUMAR GHOSH SECTION ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI S/O- SRI BIRENDRA NARAYAN GHOSH R/O- GHOSHPARA WARD NO. 14 P.O- BIDYAPARA P.S- DHUBRI DIST- DHUBRI ASSAM- 783324 10: MOZIBUL HOQUE AHMED RETIRED SECTION ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI S/O- LATE SK SAMIRUDDIN AHMED R/O- CHAGOLCHARA P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 783324 11: SUKUMAR CHAKRABORTY RETIRED SENIOR ASSTT OFFICE OF THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION DHUBRI R/O- RUPSHI P.O- RUPSHI DIST- DHUBRI ASSAM PIN- 78333 VERSUS
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THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM, PWD (ROADS) DEPTT, DISPUR, GUWAHATI- 781006
2:ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI- 781006
3:CHIEF ENGINEER PUBLIC WORKS (ROADS) DEPTT CHANDMARI GUWAHATI- 781003
4:EXECUTIVE ENGINEER PWD (RURAL ROADS) DIVISION DHUBRI ASSAM PIN- 78330
Advocate for the Petitioner : MR. K SARMA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 03-03-2021
Heard Mr. K. Sarma, learned counsel appearing for the petitioners. Also heard Ms. S. Sarma, learned Govt. counsel appearing for respondent Nos. 1, 3 and 4 and Mr. A. Chaliha, learned Standing Ccounsel for the respondent No. 2.
The case of the petitioners as submitted by the learned counsel is that their pay and allowances were
revised in 1996 and thereafter their DA’s were also revised in 1998. Accordingly, the Executive Engineer, Public Works Department (Rural Roads) Division, Dhubri, Assam under whom they are working forwarded their claim to the Chief Engineer, PWD (Roads), Assam, vide his letter letter dated 16.10.2017 with a request to allocate additional budget to enable him to release the entitlement of the petitioners. But till today for non- release of the required fund their entitlements have not been released.
The learned Standing Counsel for PWD fairly submits that in view of the letter dated 16.10.2017 of the Executive Engineer, Public Works Department (Rural Roads) Division, Dhubri, Assam addressed to the Chief
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Engineer, PWD (Roads), Assam, the case of the petitioners would be considered and their entitlements would be paid after proper verification .
In view of the submission of the learnecd Standing Cousnel, this writ petition is disposed of with a direction that the respondents should consider the claim of the petitioners which has been forwarded by the Executive Engineer, Public Works Department (Rural Roads) Division, Dhubri, Assam within a period of 3 months from the date of receipt of certified copy of this order.
The writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondents are directed to consider the claim for revised pay and allowances of the petitioners.
1 provisions across 1 enactments
EMDADUL HOQUE SARKAR AND 10 ORS.
THE STATE OF ASSAM
SONGKHUPCHUNG SERTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
