Allowed

Subhobroto Mazumdar v. the State of Assam and 2 Ors.

Gauhati HC9 Dec 2021WP(C)/4232/2021

Case brief

AI extract

What is this about?

A retired government servant challenged non-payment of salary after joining as Junior Assistant due to undelivered NPS documents. The High Court directed the petitioner to submit missing certificates and ordered the employer to process salary from the date of submission. Proceedings against the petitioner were directed to continue.

What did the court decide?

Petitioner to submit NPS undertaking and certificates; salary to be paid from date of submission; disciplinary proceedings to continue.

Subhobroto Mazumdar Vs the State of Assam and 2 Ors. — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010129562021

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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)/4232/2021

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SUBHOBROTO MAZUMDAR S/O SRI MANIK MAZUMDER, JUNIOR ASSISTANT OFFICE OF THE CHIEF INSPECTOR OF BOILERS, NH 37, LALMATI, GUWAHATI 781029

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, LABOUR WELFARE DEPARTMENT, DISPUR GUWAHATI 781006

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI 781006

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3:THE CHIEF INSPECTOR OF BOILERS ASSAM OFFICE OF THE CHIEF INSPECTOR OF BOILERS NH 37 LALMATI GUWAHATI 78102

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Advocate for the Petitioner : MR S NATH

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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09.12.2021

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Heard Mr. S Das, learned counsel for the petitioner and Ms. MD Barman, learned counsel for the respondents in the Labour Welfare Department, Government of Assam.

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The petitioner was appointed as a Junior Assistant in the office of the Chief Inspector of Boiler, Assam as per the appointment letter No. 2/Estt/2021/M/22-A dated 08.01.2021. The petitioner claims that he joined in the service on 25.01.2021, but the salary and allowanced are not paid to him. There is also an issue regarding the petitioner being absent for which certain proceeding is being instituted.

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The respondents in the Labour Welfare Department takes a stand that the appointment letter also required the petitioner to submit an undertaking regarding NPS, and all other necessary certificates in original at the time of joining and only upon the production of such documents, the joining would be formally accepted by the respondent authorities. As the petitioner had not submitted the aforesaid documents at the time of joining, therefore, his salary and allowances are not being paid.

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We are not going into the dispute where the petitioner makes a claim that he had submitted and the respondents stated that he had not submitted.

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In the circumstance, we require the petitioner to submit the undertaking of NPS and the other necessary certificates in original before the Chief Inspector of Boiler, Assam and upon such documents being produced and if such documents are otherwise acceptable, the Chief Inspector of Boiler, Assam shall

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proceed in the manner as if the required documents have been produced by the petitioner. After production of the necessary documents, the salary and allowances from the date on which the documents are produced be paid to the petitioner. In other words, in the month of January, 2022, the salary for the remaining period of December, 2021 from the date of production of documents be paid.

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As regards the dispute raised that the petitioner had already submitted such documents and therefore, he is entitled to the salary from the date of his initial joining, which according to the respondents is unacceptable, the petitioner would file a representation substantiate that he had submitted the documents earlier and on such representation being filed, a reasoned order be passed by the Chief Inspector, Boiler, Assam. If the Chief Inspector of Boiler, Assam arrives at a conclusion that the documents were submitted earlier, the salary and allowanced be paid from the said date on which the documents were earlier submitted.

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As regards the proceeding that is being initiated against the petitioner, we do not observe anything on merit of such proceeding and the proceeding may continue and be brought to its logical end as per law.

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A copy of the parawise comment submitted by the respondents be kept on record.

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The writ petition is allowed to the extent indicated above.

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JUDGE

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Comparing Assistant

Subhobroto Mazumdar v. the State of Assam and 2 Ors.

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Subhobroto Mazumdar v. the State of Assam and 2 Ors.

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