Disposed

Milan Jyoti Mahila Atma Sahayak Gut v. the Government of Assam and 4 Ors.

Gauhati HC18 Apr 2022WP(C)/867/2022

Case brief

AI extract

What is this about?

This writ petition sought direction for release of outstanding payment of Rs. 1,76,700/- to a Self Help Group for completed drainage works. The respondent admitted liability, referencing a Full Bench judgment. The Court disposed of the petition by directing the Public Health Engineering Department to examine the claim within 45 days.

What did the court decide?

Direction to the Chief Engineer, PHE Department, Assam to examine the petitioner's claim for Rs. 1,76,700/- within 45 days and process it if admitted.

Milan Jyoti Mahila Atma Sahayak Gut Vs the… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No. 1/3

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GAHC010017712022

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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)/867/2022

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MILAN JYOTI MAHILA ATMA SAHAYAK GUT REPRESENTED BY ITS SECRETARY KULSUMA @ KULSUMA BEGUM, W/O SAHAR ALI, VILL- UTTAR ASHINAGAR, P.O.-NILBAGAN, DIST-HOJAI (ASSAM), PIN-782445

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VERSUS

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THE GOVERNMENT OF ASSAM AND 4 ORS PUBLIC HEALTH ENGINEERING (P.H.E.) DEPARTMENT, REPRESENTED BY ADDITIONAL CHIEF SECRETARY GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006

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2:THE CHIEF ENGINEER P.H.E. DEPARTMENT SANITATION HENGRABARI GUWAHATI-781036

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3:THE MEMBER SECRETARY

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DISTRICT WATER AND SANITATION COMMITTEE (D.W.S.C.) NAGAON CUM EXECUTIVE ENGINEER (PHE) NAGAON DIVISION DIST- NAGAON ASSAM PIN-782001

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4:THE MEMBER SECRETARY ANCHALIK PANCHAYAT WATER AND SANITATION COMMITTEE (A.P.W.S.C) CUM ASSISTANT EXECUTIVE ENGINEER (P.H.E.) HOJAI SUB-DIVISION- HOJAI ASSAM PIN-782442

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Page No. 2/3

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5:THE MEMBER SECRETARY

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GAON PANCHAYAT WATER AND SANITATION COMMITTEE (G.W.S.C.) CUM JUNIOR ENGINEER (P.H.E.)/ASSISTANT EXECUTIVE ENGINEER DIST-HOJAI ASSAM

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PIN-78242

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Advocate for the Petitioner : MD. GIASH UDDIN

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Advocate for the Respondent : SC, P H E

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 18-04-2022

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Heard Ms. P. Adhikari, learned counsel for the petitioner and Mr. R.R. Gogoi, learned Standing Counsel, Public Health Engineering [PHE] Department for all the respondents.

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The petitioner, a Self Help Group [SHG], has claimed that after being awarded 3 [three] nos. of contract works vide work order dated 24.04.2012 [Annexure-1], work order dated 25.05.2012 [Annexure-2] and work order dated 25.03.2012 [Annexure-3] for construction of Individual House Hold Latrines [IHHL] for the beneficiaries, it had executed and completed the same to the satisfaction of the respondent authorities. According to the petitioner, the respondent authorities had only paid a part of the total bill amount submitted by the petitioner. As per the statement of the balance payment [Annexure-5] issued from the end of the respondent authorities in the PHE Department, an amount of ₹ 1,76,700/- has remained outstanding to be paid against the aforesaid 3 [three] work orders. When despite repeated approaches for disbursal of the said amount the respondent authorities have not taken any discernible action for release of the same, the petitioner has stated to have approached this Court by this writ petition seeking inter alia a direction to the respondent authorities to release the aforesaid amount of ₹ 1,76,700/-.

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On 14.02.2022, the learned Standing Counsel, PHE Department was asked to obtain instruction about the status of payment regarding the status of payment of ₹ 1,76,700/-.

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Page No. 3/3

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Today, Mr. Gogoi, learned Standing Counsel, PHE Department has submitted that he has received instruction to the effect that the said amount of ₹ 1,76,700/- is an admitted liability. He has, thus, submitted that the instant case is squarely covered by the Full Bench judgment of this Court, rendered on 29.09.2008, in Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], reported in 2008[4] GLT 1 [FB] and similar other 194 writ petitions and, as such, the respondent authorities will examine the claim of the petitioner in the light of the principles enunciated in the aforesaid judgment.

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In view of the above submissions of the learned counsel for the parties, this writ petition is disposed of at the motion stage itself with a direction to the Chief Engineer, Public Health Engineering [PHE] Department, Assam to examine the claim of the petitioner within a period of 45 [forty-five] days from the date of receipt of a certified copy of this order and, then, if the claim is admitted, the respondent authorities would process the claim of the petitioner in accordance with law and in the light of the directions contained in Tamsher Ali [supra].

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The petitioner after obtaining a certified copy of this order, shall place the same before the Chief Engineer, Public Health Engineering [PHE] Department, Assam for doing the needful from his end.

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The writ petition stands disposed of in terms of the above directions.

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JUDGE

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Comparing Assistant

Milan Jyoti Mahila Atma Sahayak Gut v. the Government of Assam and 4 Ors.

Case brief

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Milan Jyoti Mahila Atma Sahayak Gut v. the Government of Assam and 4 Ors.

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