Disposed

Srimati Mina Bala Sarkar @ Mina Barman and Anr. v. the State of Assam and 3 Ors.(B)

Gauhati HC8 Nov 2023WP(C)/3375/2023

Case brief

AI extract

What is this about?

This writ petition challenged non-payment of arrear salaries for retired Bal Sevika/Bal Sahayika staff. The Court, noting pending budget proposals, disposed of the petition by directing salary release upon budget approval and receipt of sanctioned funds. No further claims addressed.

What did the court decide?

Petition disposed of with direction to release arrear salaries when budget approved and funds received.

Srimati Mina Bala Sarkar @ Mina Barman and… — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010125762023

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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)/3375/2023

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SRIMATI MINA BALA SARKAR @ MINA BARMAN AND ANR W/O- UPENDRA NATH SARKAR

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.(B) REP. BY THE SECRETARY TO THE GOVT OF ASSAM, SOCIAL WELFARE DEPARTMENT ,

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DISPUR, GUWAHATI-781006

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2:THE DIRECTOR OF SOCIAL WELFARE AND PROBATION ASSAM GUWAHATI-781006

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3:THE DISTRICT SOCIAL WELFARE OFFICER

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RAJA RAM MOHAN ROY ROAD WARD NO -2 NEAR GOVT. BOYS SCHOOL DHUBRI PIN-783301

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4:THE CHAIRMAN FUNCTIONAL COMMITTEE GOLAKGANJ FAMILY AND CHILD WELFARE PROJECT

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P.O- GOLAKGANJ DHUBRI ASSAM PIN-78333

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Page No.# 2/3

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Advocate for the Petitioner : MR H K J AHMED

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 08/11/2023

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Heard Mr. H. K. J. Ahmed, learned counsel for the petitioners. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate.

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This writ petition is filed by the petitioners, who were appointed as Bal Sevika and Bal Sahayika in Ratiadaha Aided Centre under the Family Child Welfare Project, at Golakganj. They were carrying on their duties and in the year 2020 the petitioners are superannuated from service. However, the salaries from 2018 had remained pending on the ground that there was no allotment for budget. Outstanding salary of the petitioner stood at Rs. 2,11,120.00 and that of the petitioner No.2 is Rs.2,15,250.00 for the relevant periods.

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The representations by the petitioners remained pending and no orders were passed thereon by the respondent department. Being aggrieved, the present writ petition has been filed.

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Ms. M. BHattacharjee, learned Additional Senior Government Advocate on instructions submits that the proposals for arrear salary for both the petitioners have been submitted before the appropriate department in the Government. The supplementary budget has been submitted before the competent authority. This budget is for payment of the arrear salary for persons, like the petitioners including other similarly situated persons. It is submitted by the learned Government Advocate that once the budget is approved and the amount

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Page No.# 3/3

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sanctioned is received, the salaries can be paid to the petitioners.

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Copy of this instruction is placed before the Court, which is kept with the case record.

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Mr. H. K. J. Ahmed, learned counsel for the petitioners submits that the writ petition can be disposed of with a direction to the respondents to release the payments as and when the budget is sanctioned and the amounts received.

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In view of the submissions made and also in view of the instructions placed before this Court, considering the prayers made in the writ petition are only for a direction for release of arrear salaries, the writ petition stands disposed of with a direction that the arrear salaries of the writ petitioners will be released by the competent department as and when the budget is approved and amounts sanctioned are received. If there are any further claims made by the petitioners, the same may be addressed to the competent authority separately.

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In terms of the above, writ petition stands disposed of. No order as to cost.

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JUDGE

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Comparing Assistant

Srimati Mina Bala Sarkar @ Mina Barman and Anr. v. the State of Assam and 3 Ors.(B)

Case brief

What is this about?

What did the court decide?

Srimati Mina Bala Sarkar @ Mina Barman and Anr. v. the State of Assam and 3 Ors.(B)

Case brief

What is this about?

What did the court decide?

What the court decided

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