Allowed

Dilip Das and 6 Ors. v. the State of Assam and 3 Ors.

Gauhati HC25 Apr 2022WP(C)/2680/2022

Case brief

AI extract

What is this about?

The Guwahati High Court allowed a writ petition filed by daily wage workers seeking benefits granted to similar employees in a prior Division Bench judgment. The Court directed petitioners to file individual representations to the Commissioner and Secretary, who must consider them and pass reasoned orders within three months.

What did the court decide?

Petitioners directed to file individual representations; Commissioner and Secretary to consider and pass reasoned orders within three months based on facts.

Dilip Das and 6 Ors. Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010030902022

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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)/2680/2022

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DILIP DAS AND 6 ORS

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S/O. LT. DASARATH DAS, VILL. TAMULPUR, P.O. TAMULPUR, DIST. NALBARI, ASSAM, PIN-781367.

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2: SMT. KRISHNA DAS W/O. SRI CHANDRA SEKHAR SARNIA R/O. BASISTHAPUR BELTOLA BYE LANE NO.3 DISPUR GUWAHATI-06.

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3: SMT. LAXMI KAUR (DEURI)

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W/O. NANDA RAM DEURI R/O. HENGRABARI BRABARI VIP P.S. DISPUR DIST. KAMRUP (M) GUWAHATI-06.

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4: SMT. RANGALA CHOUDHURY

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W/O. DIPAK CHOUDHURY R/O. BONGAON BELTOLA LAKHIMANDIR P.S. BASISTHA DIST. KAMRUP (M) ASSAM PIN-781029

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5: MATHURA DUTTA S/O. AMRIT DUTTA VILL. DISEAL

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Page No.# 2/4

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P.O. KHANA KUKURA GOURISAGAR DIST. SIVASAGAR PIN-785674.

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6: HRIDAYA NAMA DAS

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S/O. DILIP NAMA DAS VILL. BETNA P.O. BETNA P.S. GORESWAR DIST. BAKSA ASSAM PIN-781366.

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7: KARUNA NAMA DAS S/O. DILIP NAMA DAS VILL. BETNA P.O. BETNA P.S. GORESWAR DIST. BAKSA ASSAM PIN-781366

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06, ASSAM.

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2:THE COMMISSIONER AND SECRETARY

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GOVT. OF ASSAM SECRETARIAT ADMINISTRATION DEPTT. DISPUR GUWAHATI-06.

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3:THE JOINT SECRETARY

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TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION (NAZARAT) DEPTT. DISPUR GUWAHATI-06.

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4:THE DEPUTY SECRETARY

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SECRETARIAT ADMINISTRATION DEPTT. DISPUR

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Page No.# 3/4

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GUWAHATI-06

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Advocate for the Petitioner : MR. I ALAM

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 25-04-2022

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Heard Mr. I. Alam, learned counsel for the petitioners. Also heard Mr. J K Goswami, learned counsel for respondent authorities.

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All the petitioners were appointed as daily wage workers under the Assam Secretariat Administration Department and since their initial engagement they had been working continuously till date. The petitioners rely upon the judgment of the Division Bench dated 08.06.2017 in WA No.45/2014 that considering the nature of their engagement and the services rendered they are entitled to certain benefits as provided in the said judgment. It is stated that the authorities in the Government of Assam had implemented the requirements of the judgment dated 08.06.2017 and in doing so, the present petitioners had been left out for reasons unknown. Accordingly, this writ petition is instituted for a direction that the petitioners be also given a consideration for the benefits as provided in the judgment dated 08.06.2017.

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In the aforesaid circumstance, we are of the view that ends of justice would be met if the writ petitioners file individual representations before the respondent No.2 being the Commissioner and Secretary, Secretariat Administration Department, Assam. Upon such representation being filed, the Commissioner and Secretary shall give a consideration to the same and pass a reasoned order thereon. The representations be filed within a period of 1(one) month from today.

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Upon the representations being submitted in the office of the Commissioner and Secretary, Secretariat and Administration Department, the Commissioner and Secretary shall pass individual reasoned orders in all such representations within a period of 3(three) months from the date of receipt of the respective representations from the individual writ petitioners.

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By requiring the Commissioner and Secretary to consider the representations, we do not mean that the claim for the benefits has been ordered to be given by this Court, what we mean is that the Joint Director shall apply his own mind in the facts and circumstances of the claims and if it is found that they are entitled to the benefits provided in the judgment dated 08.06.2017 individual reasoned orders be passed and thereafter bring the whole process to its logical end.

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Writ petition stands allowed in the above terms.

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JUDGE

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Comparing Assistant

Dilip Das and 6 Ors. v. the State of Assam and 3 Ors.

Case brief

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Dilip Das and 6 Ors. v. the State of Assam and 3 Ors.

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