Allowed

Abdul Jalil v. the State of Assam and 4 Ors.

Gauhati HC15 Jun 2022WP(C)/252/2016

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition filed by a casual office peon aggrieved by arbitrary exclusion from a government list of employees eligible for enhanced financial benefits. The court directed the Principal Secretary to consider a service certificate and pass a reasoned order within two months. The petitioner was appointed on 01.03.2006.

What did the court decide?

Petitioner to be provided financial benefits if entitled based on the certified service history; Principal Secretary to pass reasoned order within two months.

Abdul Jalil Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/4

¶2

GAHC010006432016

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/252/2016

¶5

ABDUL JALIL

¶6

S/O- MATACHIN ALI, R/O VILL.- CHAGIKHAURI, P.O. and P.S.- RATABARI, DIST.- KARIMGANJ, ASSAM, PIN- 788735.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY- 6.

¶9

2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI.

¶10

3:THE CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD KARIMGANJ P.O. and DIST.- KARIMGANJ ASSAM PIN- 788710.

¶11

4:THE BLOCK DEVELOPMENT OFFICER DULLABCHERRA DEVELOPMENT BLOCK P.O.- DULLABCHERRA DIST.- KARIMGANJ ASSAM PIN- 788736.

¶12

5:KAZIRBAZAR GAON PANCHAYAT P.O.- RATABARI

¶13

Page No.# 2/4

¶14

DIST.- KARIMGANJ ASSAM PIN- 788734 REP. BY ITS SECRETARY

¶15

Advocate for the Petitioner : DR. B AHMED

¶16

Advocate for the Respondent : GA, ASSAM R 1-5

¶17

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶18

ORDER

¶19

15.06.2022

¶20

Heard Mr. K Uddin, learned counsel for the petitioner. Also heard Mr. S Dutta, learned counsel for the respondents No. 1 to 5 being the authorities under the P &RD Department, Government of Assam.

¶21

The petitioner claims to have been appointed as the Office Peon (Casual) in a fixed pay of Rs.500/- per month w.e.f. 01.03.2006 in the office of the Kazirbazar Gaon Panchayat under Dullabcherra Development Block in the Karimganj district and since then he is continuing in service without any break. The respondents in the P&RD Department had arrived at a decision to give some financial benefits to such casual employees of the P&RD Department who may have been appointed prior to 31.03.2006. In the process, the second and final list comprising of 989 numbers of casual employees was prepared in respect of whom there were also verification report as regards their service conditions and it is stated that all the 989 casual employees whose name were included in such list have in the meantime been provided with the enhanced

¶22

Page No.# 3/4

¶23

financial benefits. The petitioner claims that although he was appointed as on 01.03.2006, his name has been arbitrarily excluded from such list of employees for the purpose of availing the enhanced financial benefits and being aggrieved this writ petition is instituted.

¶24

A form of certificate dated 27.12.2013 issued by the Chief Executive Officer, Karimganj Zilla Parishad is referred whereby it has been certified that the petitioner Abdul Jalil, son of Matachin Ali of village Chagikhauri, P.O. Ratabari, P.S. Ratabari in the Karimganj district has been working in the Kazirbazar Gaon Panchayat under the Dullabcherra Anchalik Parishad since 01.03.2006. The said certificate was forwarded by the Chief Executive Officer, Karimganj Zilla Parishad to the Deputy Secretary to the Government of Assam in the P & RD Department, as per the communication dated 27.12.2013. But no further action has been taken by the respondent authorities in the P&RD Department as regards the consideration of the entitlement of the petitioner for the enhanced financial benefits that were meted out to the other employees under similar condition.

¶25

If there was a general decision in the Department that all such casual employees who were appointed on or prior to 31.03.2006 would be provided with the financial benefits, no reasons can be accepted as to why the petitioner inspite of being appointed on 01.03.2006 which is prior to the stipulated date i.e. 31.03.2006 would be deprived and left out from being included in such list for the purpose of providing financial benefits. No reason is forthcoming from the respondents in the P&RD Department as to why the petitioner has been left out.

¶26

Page No.# 4/4

¶27

Although, this writ petition has been pending since the year 2016, in the circumstance, we direct the Principal Secretary to the Government of Assam in the P&RD Department to take into consideration the communication dated 27.12.2013 from the Chief Executive Officer, Karimganj Zilla Parishad wherein the certificate dated 27.12.2013 has been annexed certifying that the petitioner has been working in the office of the Kazirbazar Gaon Panchayat under Dullabcherra Development Block in the Karimganj district since 01.03.2006.

¶28

If upon considering the said communication and the certificate dated 27.12.2013, the Principal Secretary is of the view that the petitioner was also entitled to the financial benefits and in fact the petitioner has been working as certified, necessary reasoned order be passed to also provide the financial benefits to the petitioner.

¶29

The reasoned order be passed by the Principal Secretary within a period of two months from the date of receipt of the certified copy of this order. In order to facilitate the process, a copy of the writ petition be also served on the Principal Secretary along with the certified copy of this order.

¶30

Writ petition stands allowed in the above terms.

¶31

JUDGE

¶32

Comparing Assistant

Abdul Jalil v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Abdul Jalil v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Hafizur Rahman Vs the State of Assam and 4 Ors.

Sangita Sahu Vs the State of Assam and 5 Ors.

Rina Sonowal Vs the State of Assam and 7 Ors.

Kayem Uddin Ahmed Vs the State of Assam and 5 Ors.

Amjad Hussain Barlaskar Vs the State of Assam and 5 Ors.

Usha Rani Nath (Das ) Vs Union of India and 4 Ors.