Disposed

Idrish Ali and 16 Ors. v. the State of Assam and 3 Ors.

Gauhati HC5 Apr 2022WP(C)/2483/2022

Case brief

AI extract

What is this about?

Petitioners seeking inclusion in the Pre-Assam Fiscal Responsibilities Budget Management list. Court found disputed facts requiring respondent authorities' determination on verification of appointment orders.

What did the court decide?

Liberty to file individual representations with appointment orders to respondent No. 2 for verification and inclusion decision within six months.

Idrish Ali and 16 Ors. Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/7

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GAHC010064142022

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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)/2483/2022

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IDRISH ALI AND 16 ORS.

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S/O. AMZAD HUSSAIN, VILL. JOYPUR, P.O. TARAKANDI, P.S. BAGHBAR, DIST. BARPETA, ASSAM.

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2: NEKIBAR RAHMAN S/O. HANIFUDDIN AHMED VILL. KOPOHA P.O. BARPELLY DIST. BARPETA ASSAM.

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3: RAFIQUL ISLAM BHUYAN

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S/O. ABDUL BARIQUE BHUYAN VILL. PACHIM MOINBARI P.O. MOINBARI P.S. KALGACHIA DIST. BARPETA ASSAM.

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4: AMINA BEGUM D/O. AMZAD ALI VILL. BOGORIGURI P.O. CHUKRANGBARI DIST. BARPETA ASSAM.

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5: SANJIB KUMAR MORAL

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S/O. TARUN CHANDRA MORAL VILL. BOHORI P.O. BOHORI HAAT DIST. BARPETA ASSAM.

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Page No.# 2/7

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6: ASSADULLA GALEB S/O. ADBUR RAHMAN VILL. SONPURA P.O. JONIA DIST. BARPETA ASSAM PIN-781314.

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7: MD. IKBAL HUSSAIN S/O. MATIAR RAHMAN VILL. AND P.O. GUNIALGURI P.S. KALGACHIA DIST. BARPETA ASSAM.

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8: MD. NABIBAR RAHMAN S/O. HANIFUDDIN AHMED VILL. KOPUHA P.O. MANDIA DIST. BARPETA ASSAM PIN-781308.

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9: MD. SHANA MIAH

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S/O. KAJIM UDDIAN VILL. DABANDIA P.O. GUNIALGURI P.S. KALGACHIA DIST. BARPETA ASSAM PIN-781319.

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10: MOFIDA KHATUN D/O. ADBUR SOBUR KHALITA VILL. AND P.O. KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM.

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11: DEWAN ZAKIR HUSSAIN S/O. DEWAN SUKUR ALI VILL. DEBRADI P.O. NAGAON DIST. BARPETA ASSAM.

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Page No.# 3/7

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12: MOHAMMAD HUSSAIN S/O. MVI MUSLEMUDDIN AHMED VILL. AND P.O. JOSHIHATI PARA P.S. AND DIST. BARPETA ASSAM PIN-781316.

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13: TAYEB ALI AHMED

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S/O. LT. IDRISH ALI VILL. TAPESWARA P.O. BALAGAON P.S. KALGACHIA DIST. BARPETA ASSAM PIN-781319.

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14: SULTANA SELIMA AHMED

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D/O. LT. MATIAR RAHMAN VILL. AND P.O. GUNIALGURI P.S. KALGACHIA DIST. BARPETA ASSAM PIN-781319.

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15: HASINA KHATUN W/O. SHAHAB UDDIN AHMED VILL. GUNIALGURI P.O. GUNIALGURI DIST. BARPETA ASSAM.

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16: ARJINA AHMED

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W/O. SOFIUR RAHMAN VILL. BALAPAHAR P.O. SHOWPUR DIST. BARPETA ASSAM

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17: AMINUL ISLAM S/O. SUKUR ALI VILL. BAGCHARA P.O. GAHIA DIST. BARPETA ASSAM

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Page No.# 4/7

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. THROUGH THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI781006.

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

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3:THE JOINT DIRECTOR OFFICE OF THE COMMISSIONERATE PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM PANJABARI JURIPAR GUWAHATI-781037. 4:THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD P.O. BARPETA DIST. BARPETA 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 S DAS

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

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Page No.# 5/7

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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) 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

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Page No.# 6/7

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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 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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Page No.# 7/7

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Idrish Ali and 16 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Idrish Ali and 16 Ors. v. the State of Assam and 3 Ors.

Case brief

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What the court decided

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