Allowed

Md. Nazimuddin Ahmed v. the State of Assam and 2 Ors.

Gauhati HC2 Jun 2022WP(C)/936/2022

Case brief

AI extract

What is this about?

Petitioner, an Upper Division Assistant posted as In-charge Deputy Commissioner, challenged receiving lower pay. Court directed respondent to obtain Mayor-in-Council approval for Deputy Commissioner pay scale and payment of arrears.

What did the court decide?

Direction to respondent to obtain Mayor-in-Council approval for salary in Deputy Commissioner pay scale and payment of arrears.

Md. Nazimuddin Ahmed Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/4

¶2

GAHC010022472022

¶3

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

¶4

Case No. : WP(C)/936/2022

¶5

MD. NAZIMUDDIN AHMED

¶6

S/O LATE WAZUDDIN AHMED, R/O VILL-RANGMAHAL, P.O.-RANGMAHAL, P.S.-CHACHARI, DIST-KAMRUP, ASSAM, PIN-781030

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, P.O. AND P.S.-DISPUR, GUWAHATI-781006 2:THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI REPRESENTED BY ITS COMMISSIONER P.O. AND P.S.-PANBAZAR DIST- KAMRUP(M) ASSAM PIN-781001 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI P.O. AND P.S.-PANBAZAR GUWAHATI DIST- KAMRUP(M) ASSAM PIN-78100

¶9

Advocate for the Petitioner : MR K PUJARI

¶10

Advocate for the Respondent : SC, HOUSING AND URBAN AFFAIRS

¶11

Page No.# 2/4

¶12

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶13

ORDER

¶14

Date : 02.06.2022

¶15

Heard Ms. K. Akhtar, learned counsel for the petitioner. Also heard Mr. S. Bora, learned counsel for the respondents.

¶16

The petitioner’s case is that the petitioner was appointed in the Guwahati Municipal Corporation (GMC), East Zone as a Upper Division Assistant (UDA). The petitioner was transferred and posted as In-charge Deputy Commissioner, Dispur Zone, GMC, in his own grade scale of pay and allowances vide order dated 20.01.2021.

¶17

The petitioner’s grievance is that despite holding the charge of Deputy Commissioner, Dispur Zone, GMC and discharging the functions of the Deputy Commissioner till today, the petitioner has been given the pay of UDA. The petitioner’s counsel submits that the petitioner is entitled to be paid the pay scale of Deputy Commissioner, GMC, as has been done in the case of one Shri Khanindra Kr. Talukdar and one Shri Abdul Rob.

¶18

Mr. S. Bora, learned counsel for the Corporation Department submits that the question whether the petitioner is entitled to be paid the pay scale of Deputy Commissioner, should be considered by the Mayor-in-Council, which has come into existence on 27.05.2022, in as much as, the case of Shri Khanindra Kr. Talukdar and Shri Abdul Rob had been approved by the Mayor-in-Council.

¶19

I have heard the learned counsels for the parties.

¶20

Shri Khanindra Kr. Talukdar, who was the In-charge Deputy Commissioner of

¶21

Page No.# 3/4

¶22

Dispur Zone of the GMC, filed WP (C) No. 4467/2017 in this Court, praying for payment of pension on the basis of last pay drawn by him, which had been approved by the Mayor-in-Council in the meeting held on 18.03.2017.

¶23

This Court, vide order dated 08.05.2019, disposed of WP (C) No. 4467/2017, by directing the authorities to work out the pensionary benefits of Shri Khanindra Kr. Talukdar, on the basis of the decision of the Mayor-in-Council, wherein his claim for payment of salary as per pay scale of the Deputy Commissioner had been allowed, for the period he was the in-charge Deputy Commissioner of GMC, Dispur Zone .

¶24

Shri Abdul Rob, who was Assistant Commissioner had been given the pay scale of Deputy Commissioner, as he was performing the duty of Deputy Commissioner In-charge, South Zone, GMC w.e.f. 01.05.2012. This approval had been given by the Mayor-in-Council on 06.03.2014 and the same is reflected in the order dated 02.06.2014 issued by the Commissioner, Guwahati Municipal Corporation, Guwahati.

¶25

The order dated 02.06.2014 issued by the Commissioner, GMC, Guwahati is made a part of the record and marked as Annexure ‘X’.

¶26

As can be seen from the order dated 08.05.2019 passed in WP (C) No. 4467/2017 and the order dated 02.06.2014 issued by the Commissioner, GMC, Guwahati, persons who were in a cadre lower than Deputy Commissioner, but who discharged the duties of Deputy Commissioner, by being made the In-charge Deputy Commissioners, have been given the pay scale of Deputy Commissioners after approval was given by the Mayor-in-Council .

¶27

In view of the above reasons, this Court does not find any ground to deny

¶28

Page No.# 4/4

¶29

the payment of salary to the petitioner, as payable to Deputy Commissioner, GMC, for the period the petitioner has been holding the charge of the post of Deputy Commissioner.

¶30

Accordingly, the respondent no. 3 is directed to obtain the approval of Mayor-in-Council, GMC, Guwahati for payment of salary to the petitioner, in the pay scale of Deputy Commissioner, from the date he started discharging the duties of Deputy Commissioner of GMC, as In-charge Deputy Commissioner. The respondents shall thereafter pay all the arrear salary payable to the petitioner alongwith the current salary.

¶31

The entire exercise should be carried out within a period of two (02) months from the date of receipt of a certified copy of this order.

¶32

Writ petition is accordingly, disposed of.

¶33

JUDGE

¶34

Comparing Assistant

Md. Nazimuddin Ahmed v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Md. Nazimuddin Ahmed v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mallika Karmakar Das Vs the State of Assam and 6 Ors.

Satabdi Borah Vs the State of Assam and 5 Ors.

Mamoni Pahadi @ Mamoni Pahadi Mili and Anr. Vs the State of Assam and 3 Ors.

B Krishna Rao Vs the State of Assam and 2 Ors.

Sahjahan Sheikh and 8 Ors. Vs the State of Assam and 10 Ors.

Amitav Kumar Sarma Vs the State of Assam and 3 Ors.