Disposed

Dhaneswar Deka and Anr. v. the State of Assam and 2 Ors.

Gauhati HC15 Jun 2022WP(C)/997/2022

Case brief

AI extract

What is this about?

Petitioners alleging deprivation of pay scale while discharging Deputy Commissioner functions. Court directed placing their case before Mayor-in-Council for pay determination and directed payment of arrears as per decision.

What did the court decide?

Directed Commissioner to place petitioners' case before Mayor-in-Council for salary determination in Deputy Commissioner scale and pay arrears within two months.

Dhaneswar Deka and Anr. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010022462022

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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)/997/2022

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DHANESWAR DEKA AND ANR

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S/O LATE MAHENDRA DEKA, R/O VILL-MANAHKUCHI, P.O.MANAHKUCHI, P.S.-HAJO, DIST-KAMRUP, ASSAM, PIN-781104

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2: MRS. NIRMALI BORA

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D/O LATE KAPIL KALITA R/O FATASHIL KAILASHPUR P.O. AND P.S.-BHARALUMUKH GUWAHATI DIST-KAMRUP(M) PIN-78100

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, P.O. AND P.S.-DISPUR, GUWAHATI-781006

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2:THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI REPRESENTED BY ITS COMMISSIONER P.O. AND P.S.-PANBAZAR DIST- KAMRUP(M) ASSAM PIN-781001

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3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI P.O. AND P.S.-PANBAZAR DIST- KAMRUP(M) ASSAM PIN-78100

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Advocate for the Petitioner : MR K PUJARI

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Advocate for the Respondent : SC, HOUSING AND URBAN AFFAIRS

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 15.06.2022

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

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The petitioner’s case is that the petitioner nos. 1 & 2 were promoted as Deputy Rank Officer in the Guwahati Municipal Corporation (GMC) vide order dated 14.05.2013. The petitioner no.1 was transferred and posted as Deputy Commissioner In-charge, South Zone, GMC, and petitioner no. 2 was transferred and posted as In-charge, Deputy Commissioner, Lokra Zone in their own grade scale of pay and allowances vide orders dated 26.09.2019 and 08.12.2020 respectively.

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The petitioners grievance is that despite holding the charge of Deputy Commissioner, GMC and discharging the functions of the Deputy Commissioners till today, the petitioners have been given the pay of Deputy Rank Officer. The petitioners counsel submits that the petitioners are 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.

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Mr. S. Bora, learned counsel for the Corporation Department submits that the question whether the petitioners are 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.

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I have heard the learned counsels for the parties.

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Shri Khanindra Kr. Talukdar, who was the In-charge Deputy Commissioner of 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-inCouncil in the meeting held on 18.03.2017.

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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 .

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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 Incharge, South Zone, GMC w.e.f. 01.05.2012. This approval had been given by the Mayorin-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.

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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.

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In view of the above reasons, this Court is of the view that the Mayor-in-Council should decide the question of payment of salary to the petitioners, as payable to Deputy Commissioner, GMC, for the period the petitioners have been holding the charge of the

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post of Deputy Commissioner.

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Accordingly, the respondent no. 3 is directed to place the petitioners case before the Mayor-in-Council, GMC, Guwahati for payment of salary to the petitioners, in the pay scale of Deputy Commissioner, from the date they 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 petitioners along with the current salary, depending upon the decision taken by the Mayor-in-Council.

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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.

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Writ petition is accordingly, disposed of.

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JUDGE

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Comparing Assistant

Dhaneswar Deka and Anr. v. the State of Assam and 2 Ors.

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Dhaneswar Deka and Anr. v. the State of Assam and 2 Ors.

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