Petitioner sought inclusion in AFRBM list. Court noted disputed facts of appointment and directed petitioner to file representation for authority review. Writ petition disposed based on decision to be taken by respondent.
Liberty given to file representation; respondent to examine and include in list within six months if eligible.
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GAHC010059622022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2463/2022
MD. AKHER ALI
S/O MD. ABDUL SATTAR, R/O VILL-NARAYAN GAON, P.O.-TINIPUKHURI, DIST-NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-37
3:THE JOINT DIRECTOR O/O THE COMMISSIONERATE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-781037
4:THE CHIEF EXECUITVE OFFICER NALBARI ZILLA PARISHAD P.O.-NALBARI DIST-NALBARI ASSA
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Advocate for the Petitioner : MR S DAS
Advocate for the Respondent : SC, P AND R.D.
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-04-2022
Heard Mr. S. Das, learned counsel for the petitioner, who submits that the petitioner was appointed and working as a Tax Collector on casual basis in 17 No. Alia Gaon Panchayat under the jurisdiction of the respondent No. 4, prior to 01.09.2005.
2. The petitioner’s case is that even though he has been working as a Tax Collector prior to 01.09.2005, his name was not included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared on 01.01.2020.
3. The petitioner’s counsel submits that those persons, who are included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020, would be entitled to the benefits of minimum regular scale of pay, in terms of the Judgment & Order dated 08.06.2017 passed by the Division Bench of this Court in W.A. No. 45/2014, “State of Assam & Ors. Vs. Sh. Upen Das & 836 Ors”.
4. The petitioner’s prayer is that his name should be included in the PreAssam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020.
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5. Mr. A. Roy, learned counsel appearing for the respondent Nos. 1 to 4 submits that the respondent authorities would have to verify the appointment order of the petitioner and approval of the Finance Department would have to be taken for inclusion of the petitioner’s name in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list.
6. On the oral prayer made by Mr. S. Das, learned counsel for the petitioner, the Commissioner & Secretary to the Government of Assam, Finance Department is impleaded as respondent No. 5.
7. Registry to make necessary correction to the cause title.
8. Mr. P. Nayak, learned counsel appears for the Finance Department.
9. On considering the fact that the present issue involves disputed questions of fact, this Court is of the view that the matter should be decided by the respondent authorities. Accordingly, the petitioner is given the liberty to file a representation, annexing his appointment order, within a period of 2 (two) weeks from today. The representation should be addressed to the respondent No. 2, who shall thereafter examine the petitioner’s representation and take a decision as to whether the petitioner can be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020.
10. The entire exercise should be carried out within a period of 6 (six) months from the date of receipt of a certified copy of this order, along with the representation submitted by the petitioner.
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The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner required file a representation for inclusion in the Pre-Assam Fiscal Responsibilities Budget Management list.
Whether the respondent authorities should determine disputed questions of fact regarding the petitioner's appointment.
Whether the petitioner was entitled to be included in the Pre-Assam list without immediate judicial pronouncement.
Md. Akher Ali
State of Assam
Commissioner Panchayt and Rural Development Department Assam Panjabari Juripar Guwahati
Joint Director O/O The Commissionerate Panchayt and Rural Development Department Assam Panjabari Juripar Guwahati
Chief Executive Officer Nambia Zilla Parishad
Commissioner & Secretary to the Government of Assam Finance Department
Michael Zothanchhuma
As recorded by the court registry
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