Dismissed

Prabhati Roy and 8 Ors. v. the State of Assam and 3 Ors.

Gauhati HC5 Apr 2022WP(C)/2469/2022

Case brief

AI extract

What is this about?

Petitioners seeking inclusion in a departmental list for pay scale benefits. Court found disputed facts regarding appointment orders and ordered respondent authorities to verify documents and decide.

What did the court decide?

liberty to file individual representations with appointment orders for the respondent authorities to examine and decide on inclusion in the AFRBM list.

Prabhati Roy and 8 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010059612022

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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)/2469/2022

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PRABHATI ROY AND 8 ORS

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D/O- TARINI KANTA ROY, R/O- VILL. AND P.O. SAPATGRAM, DIST. DHUBRI, ASSAM

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2: SAMER ALI S/O- JURMAT ALI R/O- VILL.- NAYERALGA KHANDA-3 P.O. NAYER ALGA DIST. DHUBRI ASSAM

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3: SAZEDA KHATUN D/O- SAHER ALIL R/O- VILL.- NAYERALGA KHANDA-3 P.O. NAYER ALGA DIST. DHUBRI ASSAM

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4: OMAR ALI S/O- GUNTU SHEIKH R/O- VILL.- KILAHARA KHANDA-4 P.O. CHUNARI DIST. DHUBRI ASSAM

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5: JOYNOB NASSA D/O- MD. GAZI RAHMAN R/O- VILL.- KAHAIKATA KHANDA-6 P.O. KAJAIKATA P.S. BILASIPARA DIST. DHUBRI ASSAM

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6: ZAKIR HUSSAIN S/O- DERAJUDDIN AHMED R/O- VILL.- SUBHASH NAGAR WARD NO. 12 P.O. A.M. CO ROAD P.S. AND DIST. DHUBRI ASSAM

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7: RAFIQUL ISLAM S/O- MAYEJUDDIN R/O- VILL.- JARUARCHAR P.O. JARUARCHAR DIST. DHUBRI ASSAM

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8: ABDUL SABUR S/O- MAJAM ALI SK. R/O- VILL.- KAJAIKATA DIST. DHUBRI ASSAM

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9: JASMINARA BEGUM D/O- JAMSHER ALI R/O- VILL.- CHAWRANGIMORE WARD NO.4 P.O. GAURIPUR DIST. DHUBRI ASSA

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-37.

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3:THE JOINT DIRECTOR

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OFFICE OF THE COMMISSIONERATE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM

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PANJABRI JURIPAR GUWAHATI-781037.

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4:THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD P.O. AND DIST. DHUBRI ASSAM

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5: THE COMMISSIONER & SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT

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Advocate for the Petitioner : MR. T DEWAN

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Advocate for the Respondent : SC, P AND R.D.

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 05-04-2022

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Heard Mr. S. Das, learned counsel for the petitioners, who submits that the petitioners are appointed and working as Tax Collector/Road Moharar/Office Peon on casual basis in different Gaon Panchayats under the jurisdiction of the respondent No. 4, prior to 01.09.2005.

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2. The petitioners’ case is that even though they have been working as Casual Workers prior to 01.09.2005, their names are not included in the PreAssam Fiscal Responsibilities Budget Management (AFRBM) list.

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3. The petitioners’ counsel submits that those persons, whose names are included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM)

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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”.

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4. The petitioners’ prayer is that their names 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 all the appointment orders of the petitioners and also take the approval of the Finance Department for inclusion of their names in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list, provided they survive the scrutiny.

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6. On the oral prayer made by Mr. S. Das, learned counsel for the petitioners, the Commissioner & Secretary to the Government of Assam, Finance Department is impleaded as respondent No. 5.

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7. Registry to make necessary correction to the cause title.

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8. Mr. P. Nayak, learned counsel appears for the Finance Department.

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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 petitioners are given the liberty to

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file individual representations, annexing their appointment orders, within a period of 2 (two) weeks from today. The representations should be addressed to the respondent No. 2, who shall thereafter examine the petitioners’ representations and take a decision on the same, as to whether the petitioners can be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020.

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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 individual representations submitted by the petitioners.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Prabhati Roy and 8 Ors. v. the State of Assam and 3 Ors.

Case brief

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Prabhati Roy and 8 Ors. v. the State of Assam and 3 Ors.

Case brief

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