The High Court disposed of the writ petition as decided in earlier coordinate bench judgments regarding entitlement to Panchayat allowances, noting no new legal issue arose.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010137312023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3668/2023
REETA BISWAS @ RITA BISWAS AND 9 ORS W/O- SRI ANANTA KUMAR BISWAS, R/O- VILLAGE- CHOWRAGURI, P.S. MANIKPUR, SUB-DIVISION-BIJNI, DIST.- BONGAIGAON, ASSAM
2: BHAGIRATH SARKAR S/O- SRI SUKH CHARAN SARKAR R/O- VILLAGE- CHOWRAGURI P.S. MANIKPUR SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM 3: KAMINA BALA SARKAR W/O- BISHNUPAD SARKAR R/O- VILLAGE- CHOWRAGURI P.S. MANIKPUR SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM 4: MAMATA BHOWMICK W/O- SRI JAGANNATH BHOWMICK R/O- VILLAGE- CHOWRAGURI P.S. MANIKPUR SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM
5: JAYMATI RAY @ JAYAMOTI RAY R/O- VILLAGE- DAWKIJHAR PART-1 P.S. BONGAIGAON SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM
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6: MUSST. FULERA BIBI W/O- AFARUJ ALI R/O- VILLAGE- DAWKIJHAR PART-1 P.S. BONGAIGAON SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM
7: DIPALI MANDAL W/O- NILAKAMAL MANDAL R/O- VILLAGE- CHOWRAGURI P.S. MANIKPUR SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM
8: NARENDRA NATH BISWAS S/O- LATE DIGENDRA BISWAS R/O- VILLAGE- CHOWRAGURI P.S. MANIKPUR SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM 9: ARUN SARKAR S/O- RAJENDRA SARKAR R/O- VILLAGE- CHOWRAGURI P.S. MANIKPUR SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSAM 10: DULALI MANDAL W/O- DBIGEN MANDAL R/O- VILLAGE- DAWKIJHAR PART-1 P.S. BONGAIGAON SUB-DIVISION-BIJNI DIST.- BONGAIGAON ASSA
VERSUS
THE STATE OF ASSAM AND 7 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., ASSAM, DISPUR, GHY-
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06 2:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM DISPUR GHY-06 4:COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR GUWAHATI- 781037 5:DEPUTY COMMISSIONER BONGAIGAON P.O. AND P.S. BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783380 6:CHIEF EXECUTIVE OFFICER BONGAIGAON ZILLA PARISHAD BONGAIGAON P.O. AND P.S. BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783380 7:BLOCK DEVELOPMENT OFFICER MANIKPUR DEVELOPMENT BLOCK DIST.- BONGAIGAON ASSAM PIN- 783392 8:SECRETARY NO. 9 BHAGMARA CHOWRAGURI GAON PANCHAYAT UNDER MANIKPUR DEVELOPMENT BLOCK P.S. AND DIST.- BONGAIGAON ASSAM PIN- 78338
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Advocate for the Petitioner : MR. B HALDAR
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
13.12.2023
Heard Mr. B. Haldar, learned counsel for the petitioners. Also heard Mr. N.K. Dev Nath, learned Standing Counsel, P&RD Department, Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam and Mr. R. Borpujari, learned Standing Counsel, Finance Department.
By Judgment and Order dated 04.01.2023passed in WP(C) no.3662/2018 a Coordinate Bench of this Court had held that Members of the Panchayat Raj Institutions are legally entitled to their monthly allowances as well as other allowances by virtue of the provisions of the Assam Panchayat Act, 1994 and the Assam Panchayat (Administrative) Rules, 2002 made there under. The Coordinate Bench directed the State respondents to make payment of the monthly allowances as well as other allowances to the Members of the Panchayat Raj Institutions to which they are entitled to under the provision of the Act, 1994 and the Rules made there under.
By Judgment and Order dated 11.08.2023 similar order has been passed
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by another Co-ordinate Bench in WP(C) No.907/2023 placing reliance of the judgment and order dated 04.01.2023 passed in WP(C) No.3662/2018.
It is submitted that the issues raised in the present writ petition are squarely covered by the directions contained in the Judgment and Order dated 04.01.2023 passed in WP(C) No.3662/2018 as well as the Judgment and Order dated 11.08.2023 passed WP(C) No.907/2023.
Considering the submissions made and also upon a careful perusal of the Judgment and Order dated 04.01.2023 passed in WP(C) No.3662/2018 as well as the Judgment and Order dated 11.08.2023 passed WP(C) No.907/2023 the writ petition accordingly stands disposed of in terms of the Judgment and Order passed on 04.01.2023 passed in WP(C) No.3662/2018 as well as the Judgment and Order dated 11.08.2023 passed WP(C) No.907/2023.
JUDGE
Comparing Assistant
Reeta Biswas @ Rita Biswas and 9 Ors
The State of Assam and 7 Ors
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
