Disposed

Sonitpur Dhatri Sewa Samity v. the State of Assam and Anr.

Gauhati HC1 Apr 2022WP(C)/732/2022

Case brief

AI extract

What is this about?

Writ petition regarding non-payment of Rs. 5,96,785/- training reimbursement to the petitioner by the Assam Skill Development Mission. Court directed the petitioner to file a fresh representation with copy of order, directing the Mission Director to decide the claim within 60 days.

What did the court decide?

Petitioner directed to file fresh representation within time-limit; Mission Director to consider the same and release due amount within 60 days.

Sonitpur Dhatri Sewa Samity Vs the State of Assam and… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010013362022

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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)/732/2022

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SONITPUR DHATRI SEWA SAMITY

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REP. BY ITS DIRECTOR TAPAN SEN GUPTA, S/O- MANORANJAN SEN GUPTA, R/O WARD NO. 4, A.C.M.S. BHAWAN, L.O.K.D. ROAD, PO AND PSDHEKIAJULI, DIST- SONITPUR, ASSAM, PIN- 784110

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VERSUS

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THE STATE OF ASSAM AND ANR

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REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT, BOCK D, 3RD FLOOR, ASSAM SECRETARIAT, DISPUR, GHY-6

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2:ASSAM SKILL DEVELOPMENT MISSION REP. BY ITS MISSION DIRECTOR KATABARI DPS ROAD NH- 37 GARCHUK GHY- 78103

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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01-04-2022

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Heard Mr. S. K. Das, learned counsel for the petitioner and Mr. B. J. Talukdar, learned Additional Senior Government Advocate, Assam for the respondent No. 1. Also heard Ms. M.D. Borah, learned Standing counsel, Assam Skill Development Mission for the respondent No. 2.

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Matter relates to non-payment of outstanding bill amount of Rs. 5,96,785/- payable to the petitioner Samity by the respondents in the Assam Skill Development Mission (ASDM) towards reimbursement of training cost for courses under ASDM during the period from 26.04.2019 onwards.

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In the affidavit filed by the Director of ASDM, respondent No. 2, it is seen that an agreement was executed between the ASDM and the petitioner on 19.03.2018 allowing the petitioner to provide necessary training to the concerned batches under Skill Development.

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The respondent ASDM clarified that an amount of Rs. 3,87,579/- is pending against the petitioner as it rendered service in terms of the agreement executed by the ASDM and the petitioner on 19.03.2018.

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Further, the respondent ASDM also clarified that with regard to batch ID 1355, bills relating to 2^nd installment was received by the office of the ASDM on 28.12.2020 and the amount could not be released due to lack of proper documents. However, the petitioner submitted corrected documents only on 28.12.2021 which is under process.

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It is submitted by the Director of ASDM that for batch ID No. 5289, bills for 2^nd installment of the said batch was received by the office concerned on 03.02.2022 which is under process and bills pertaining to 3^rd installments for batches ASDM4202018B4 and ASDM4202018B5 were received by the office of the ASDM on 28.12.2020.

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It is also submitted by the authorities of ASDM that on verification, it was found that the petitioner did not submit correct documents and the petitioner Samity is not eligible for payment of 3^rd installment for batch ASDM4202018B4 and ASDM4202018B5 in terms of the ASDM Office Order No. ASMD 741/2019/669 dated 02.06.2021.

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After hearing the learned counsels for the parties and considering the entire aspect of the

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matter, this writ petition is disposed of directing the petitioner Samity to approach the Mission Director, Assam Skill Development Mission, respondent No. 2 by filing a fresh representation on or before 28.04.2022 along with the certified copy of this order stating its grievances pertaining to nonpayment of Rs. 5,96,785/- to it with its full address, email ID, mobile/telephone number etc. for needful communication obtaining necessary acknowledgment from the authority concerned.

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In the event of filing such representation by the petitioner Samity, within the time, so specified and as directed above, the Mission Director of Assam Skill Development Mission , respondent No. 2 shall consider the same relating to release of the necessary amount to the petitioner Samity, if any, as per its entitlement and in accordance with law towards the service rendered by the petitioner Samity following the due procedure, if there is no other impediment in releasing the same to it within a period of 60 days from the date of receipt of said representation from the petitioner Samity, noted above.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Sonitpur Dhatri Sewa Samity v. the State of Assam and Anr.

Case brief

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Sonitpur Dhatri Sewa Samity v. the State of Assam and Anr.

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