Dismissed

Laringkam Hmar and 10 Ors. v. the State of Assam and 4 Ors.

Gauhati HC8 Sept 2022WP(C)/3658/2015

Case brief

AI extract

What is this about?

Petitioners challenged Guidelines restricting salary payments in the Barak Valley Hills Tribes Development Council. The Court noted appointments were in non-sanctioned posts, dismissed the writ petition, and granted liberty to file a civil suit.

What did the court decide?

Liberty granted to petitioners to file a civil suit or approach appropriate authorities for payment of wages.

Laringkam Hmar and 10 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/10

¶2

GAHC010176922015

¶3

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

¶4

Case No. : WP(C)/3658/2015

¶5

LARINGKAM HMAR and 10 ORS S/O- H.K. THANGA HMAR, LDA, BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL, VILL.- HMARKHAWLIEN, P.O.- FULERTAL, P.S.LAKHIPUR, DIST.- CACHAR, ASSAM.

¶6

2: HABIB AHMED LASKAR S/O- LT. MAHMUD ALI LASKAR LDA BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- RONGPUR P.O.- SILCHAR DIST.- CACHAR ASSAM PIN- 788009. 3: H.B. ROULNLGUL S/O- LT. R. NEIKHUM UDA BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- HMARKHAWLIEN P.O.- FULERTAL P.S.- LAKHIPUR DIST.- CACHAR ASSAM. 4: RACHEL KAMEI W/O- JAEOB TYPIST BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- HMARKHAWLIEN P.O.- FULERTAL P.S.- LAKHIPUR DIST.- CACHAR ASSAM.

¶7

Page No.# 2/10

¶8

5: JAMIL AHMED BARBHUIYA S/O- H.R. BARBHUIYA LDA BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- BERENGA PT- I P.O.- BERENGA P.S.- SILCHAR DIST.- CACHAR ASSAM. 6: SRI SUMTHOLIEN S/O- LEIUZAKAT PEON BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL. and P.O.- JIRIGHAT P.S.- LAKHIPUR DIST.- CACHAR ASSAM. 7: LALRUOTKIM AIMOL W/O- RATAN AIMOL LDA BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- HMARKHAWLIEN P.O.- FULERTAL P.S.- LAKHIPUR DIST.- CACHAR ASSAM. 8: MUDASSIR ALI MAZUMDER S/O- LT. JABAN ALI MAZUMDER PEON BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- BERENGA PT- II P.O.- BERENGA P.S.- SILCHAR DIST.- CACHAR ASSAM. 9: SRI LALREMLIEN S/O- K. Z. KHUPA PEON BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- HMARKHAWLIEN P.O.- FULERTAL P.S.- LAKHIPUR DIST.- CACHAR

¶9

Page No.# 3/10

¶10

ASSAM.

¶11

10: LALSIEMKHUM HMAR S/O- LALKHUON HMAR PEON BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- HMARKHAWLIEN P.O.- FULERTAL P.S.- LAKHIPUR DIST.- CACHAR ASSAM. 11: GIDEON LALMUOTLIEN S/O- VAULALSUONG DRIVER BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL.- HMARKHAWLIEN P.O.- FULERTAL P.S.- LAKHIPUR DIST.- CACHAR ASSAM VERSUS

¶12

THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, DEPTT. OF WELFARE OF PLAIN TRIBES and BACKWARD CLASSES, DISPUR, GUWAHATI, ASSAM, PIN- 781006.

¶13

2:THE STATE OF ASSAM REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI ASSAM PIN- 781006. 3:THE DIRECTOR OF WELFARE OF PLAIN TRIBES and BACKWARD CLASSES ASSAM RUKMININAGAR GUWAHATI DISPUR ASSAM PIN- 781006 CUM THE MEMBER SECY. BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL HEAD QUARTER C/O- OFFICE OF THE DC

¶14

Page No.# 4/10

¶15

CACHAR SILCHAR CACHAR ASSAM. 4:THE DY. COMMISSIONER CACHAR SILCHAR ASSAM. 5:THE CHAIRMAN BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL HEAD QUARTER C/O- OFFICE OF THE DC CACHAR SILCHAR CACHAR ASSAM

¶16

Advocate for the Petitioner : MR.R P KAKOTI

¶17

Advocate for the Respondent : GA, ASSAMR1,3,4

¶18

Linked Case : Cont.Cas(C)/126/2019 HABIB AHMED LASKAR AND 2 ORS. S/O- LATE MAHMUD ALI LASKAR LDA BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL- RONGPUR P.O- SILCHAR DIST- CACHAR ASSAM PIN- 788009 2: JAMIL AHMED BARBHUIYA S/O- HR BARBHUIYA LDA BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL- BERENGA P.S- SILCHAR DIST- CACHAR ASSAM

¶19

Page No.# 5/10

¶20

3: MUDASSIR ALI MAZUMDER S/O- LATE JABAN ALI MAZUMDER PEON BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL VILL- BERENGA PART-II P.O- BERENGA P.S- SILCHAR DIST- CACHAR ASSAM VERSUS BIBASH MODI AND ANR DIRECTOR CUM THE MEMBER SECRETARY BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES ASSAM RUKMININAGAR GUWAHATI DISPUR ASSAM PIN- 781006 2:SAMIR SINHA IAS THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM DEPTT OF FINANCE ASSAM CIVIL SECRETARIAT BLOCK -F DISPUR GUWAHATI ASSAM PIN- 781006 3:MRIGESH NARAYAN BARUAH DIRECTOR CUM MEMBER SECRETARY BARAK VALLEY HILLS TRIBES DEVELOPMENT COUNCIL WELFARE AND BACKWARD CLASSES ASSAM RUKMININAGAR GUWAHATI DISPUR ASSAM PIN-781006. -----------Advocate for : MR. A K DUTTA Advocate for : MR. D SAIKIA appearing for BIBASH MODI AND ANR

¶21

Linked Case : WP(C)/1270/2014

¶22

Page No.# 6/10

¶23

H.B. RUOLNGUL and 6 ORS S/O LT. R. NEIKHUM VILL. HMARKHAWLIEN P.O. FULORTOL DIST- CACHAR ASSAM 2: LALRINGKAM HMAR S/O H.K. THANGA VILL. HMARKHAWLIEN P.O. FULORTOL DIST- CACHAR ASSAM

¶24

3: LALRUOTKIM ZATE AIMOL W/O RATAN AIMOL VILL. HMARKHAWLIEN P.O. FULORTOL DIST- CACHAR ASSAM 4: HABIB AHMED LASKAR S/OLT. MAHMUD ALI LASKAR VILL. RONGPUR P.O. SILCHAR DIST- CACHAR ASSAM

¶25

5: JAMIL AHMED BARBHUIYA S/O H.R. BARBHUIYA VILL. BERENGA PART-I P.O. BRENGA SILCHAR DIST- CACHAR ASSAM 6: MUDASSIR ALI MAZUMDER S/O LT. JABAN ALI MAZUMDER VILL. BERENGA PART-II P.O. BERENGA SILCHAR DIST- CACHAR ASSAM

¶26

7: SUMTHOLIEN S/O LEIUZAKAP VILL. HMARKHAWLIEN P.O. FULORTOL

¶27

Page No.# 7/10

¶28

DIST- CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM WELFARE PLAIN TRIBES AND BACKWARD CLASES DEPARTMENT DISPUR GHY-6 2:THE DIRECTOR WELFARE OF PLAIN TRIBES and BACKWARD CLASSES ASSAM RUKMINIGAON DISPUR GHY-6 3:BARAK VALLEY HILL TRIBES DEVELOPMENT COUNCIL LAKHIMPUR P.O. FULERTOL P.S. LAKHIPUR DIST- CACHAR ASSAM REPRESENTED BY ITS MEMBER SECRETARY 4:MR. LALTHOMLIEN MEITHAM CHAIRMAN BARAK VALLEY HILL TRIBES DEVELOPMENT COUNCIL LAKHIPUR P.O. FULERTOL P.S. LAKHIPUR DIST- CACHAR ASSAM 5:THE DY. COMMISSIONER CACHAR P.O. and DIST- CACHAR ASSAM -----------Advocate for : MRK UDDIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS

¶29

Page No.# 8/10

¶30

BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

¶31

ORDER

¶32

Date : 08.09.2022

¶33

Heard Mr. B. Purkayastha, learned counsel for the petitioners.

¶34

Also heard Mr. R. Dhar, learned standing counsel, Department for Welfare of Plain Tribes & Backward Classes, Government of Assam, appearing on behalf of respondents No. 1 & 3; Mr. P. Nayak, learned standing counsel, Finance Department, Government of Assam, appearing on behalf of respondent No. 2; Mr. G. Pegu, learned Addl. Senior Government Advocate, Government of Assam, appearing on behalf of respondent No. 4; and Mr. S. Islam, learned counsel, appearing on behalf of respondent No. 5.

¶35

The writ petitioners, 11(eleven) in nos., stated to be working as UDA, LDA, Peon and Driver, under the Barak Valley (Hills Tribes) Development Council[BVHTDC], have filed this writ petition, challenging the Guidelines, dated 08.04.2015(Annexure ‘7-B’ to the writ petition) to the extent, it provides in Clause 10 thereof, under the Heading “Salary/Wage of Staff engaged for Office” that no staff shall be engaged for the Development Council and no payment shall be made unless there is written sanction of the State Government with prior approval from the Finance Department for the same and in case, there is such sanction and approval, necessary salary/wage shall be provided at the Annual Budget at the rate fixed by the State Government while giving the approval.

¶36

The Guidelines, dated 08.04.2015, has been put to challenge insofar as it is indicated hereinabove by the petitioners contending that the said Guidelines as highlighted above; acts as an impediment to the payment of salary and wages to the petitioners who are working as UDA, LDA, Peon and Driver, in the Barak Valley (Hills Tribes) Development Council [BVHTDC].

¶37

The appointment orders of the petitioners annexed in this writ petition, either,

¶38

Page No.# 9/10

¶39

as UDA, LDA, Peon, or, Driver, though stated to have been made by the Chairman, Barak Valley (Hills Tribes) Development Council [BVHTDC], does not indicate a pay scale or a fixed wages; the petitioners/appointees would be entitled to.

¶40

The Barak Valley (Hills Tribes) Development Council [BVHTDC] is stated to have been established by a Notification, dated 18.03.1996, issued by the Deputy Secretary to the Government of Assam, Department for Welfare of Plain Tribes & Backward Classes, Guwahati, vide Memo. No. TAD/BC/30/96/34-A, for and on behalf of the Governor of Assam.

¶41

The Barak Valley (Hills Tribes) Development Council [BVHTDC] is established as above; is stated to be under the administrative control of the Department for Welfare of Plain Tribes & Backward Classes, Government of Assam, and thus, the Barak Valley (Hills Tribes) Development Council [BVHTDC] does not have an independent existence as a legal entity.

¶42

It is also not disputed that the Barak Valley (Hills Tribes) Development Council [BVHTDC] does not have the sanctioned posts of UDA, LDA, Peon and Driver, where such appointments could be made by the Chairman, Barak Valley (Hills Tribes) Development Council [BVHTDC].

¶43

Since the Barak Valley (Hills Tribes) Development Council [BVHTDC] is not an independent legal entity with the required sanctioned posts of UDA, LDA, Peon and Driver, no direction in the nature of mandamus can be given to the respondent authorities by this Court in exercise of power conferred under Article 226 of the Constitution of India to pay the salary/wages to the petitioners who were admittedly appointed in non-sanctioned posts.

¶44

In view of the above, I do not find any merit in the contentions raised by the petitioners in this petition and accordingly, the writ petition stands dismissed being devoid of merit.

¶45

Page No.# 10/10

¶46

Mr. Purkayastha, learned counsel for the petitioners, at this stage, submits that some of the petitioners are still working with the Barak Valley (Hills Tribes) Development Council [BVHTDC].

¶47

In the event, if some of them are still working with the Barak Valley (Hills Tribes) Development Council [BVHTDC], as stated-above by the learned counsel for the petitioners; liberty is granted to the petitioners to approach the appropriate authorities and/or file a Civil Suit before the competent Court as may be advised, for payment of the wages/salaries as they may be entitled to.

¶48

JUDGE

¶49

Comparing Assistant

Laringkam Hmar and 10 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Laringkam Hmar and 10 Ors. 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

Ranuj Pegu Vs the State of Assam and 4 Ors.

Dharma Nath Vs the State of Assam and 7 Ors.

Ashoka Rani Bhattacharjee Vs the State of Assam and 5 Ors.

Habib Ahmed Laskar and 2 Ors. Vs Bibash Modi and Anr.

H.B. Ruolngul and 6 Ors. Vs the State of Assam and 6 Ors.

Hav/Gd Anup Kumar Khirali Force No. 850820925 Vs the Union of India and 5 Ors.