Disposed

Hafizul Rahman and 9 Ors. v. the State of Assam and 4 Ors.

Gauhati HC11 Dec 2023WP(C)/6454/2023

Case brief

AI extract

What is this about?

Petitioners, casual workers before 2005, sought inclusion in the Pre-Assam Fiscal Responsibilities Budget Management list for pay benefits. The Court held this requires factual determination by authorities. It granted liberty to file individual representations with appointment orders and directed verification and decision within six months.

What did the court decide?

Liberty to file individual representations; direction to respondent No. 3 to verify appointment orders and decide on inclusion in AFRBM list within six months.

Hafizul Rahman and 9 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010221902023

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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)/6454/2023

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HAFIZUL RAHMAN AND 9 ORS

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S/O ABDUL AWAL HOQUE, R/O VILL-SATSIA KHAMAR, P.O.-KHALISA BHITA, DIST-GOALPARA, ASSAM

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2: AKRAM HUSSAIN S/O AMIR HUSSAIN R/O VILL AND P.O.-KOLSIRVITA DIST-GOALPARA ASSAM

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3: MOZIBAR RAHMAN S/O KAMAL UDDIN R/O VILL AND P.O.-KOLSIRVITA DIST-GOALPARA ASSAM

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4: MONOWAR HUSSAIN S/O ABDUL HOQUE R/O VILL-SAILDHORA P.O.-TULSIBARI DIST-GOALPARA ASSAM

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5: SHONSER ALI S/O NABAB ALI VILL-KULSABHANG P.O.-CHANAN DIST-GOALPARA ASSAM

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6: SANOWAR HUSSAIN S/O AMIR ALI VILL-SOPARIVITA P.O.-TULSHIBARI

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Page No.# 2/5

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DIST-GOALPARA ASSAM

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7: MAZNU HOQUE S/O SOYOD ALI VILL-KULSABANGA P.O.-CHUNARI DIST-GOALPARA ASSAM

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8: IBRAHIM ALI S/O SAGOR ALI VILL-DIALDORA P.O.-CHUNARI DIST-GOALPARA ASSAM

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9: ASHRAFUL ISLAM S/O SHER ALI VILL-SUPARIVITA P.O.-TULSIBARI DIST-GOALPARA ASSAM

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10: WAHEDUR RAHMAN S/O PASHAN UDDIN AHMED VILL-BARBHITA P.O.-KHANGRA DIST-BARPETA ASSA

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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THROUGH THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR

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GUWAHATI-37

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4:THE JOINT DIRECTOR OFFICE OF THE COMMISSIONERATE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-781037 5:THE CHIEF EXECUTIVE OFFICER GOALPARA ZILLA PARISHAD P.O.-GOALPARA DIST-GOALPARA ASSA

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Advocate for the Petitioner : MR S DAS

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Advocate for the Respondent : SC, P AND R.D.

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BEFORE

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HON’BLE MR. JUSTICE SOUMITRA SAIKIA O R D E R

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11.12.2023

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Heard Mr. T. Dewan, learned counsel for the petitioners and Mr. N. K. Dev Nath, learned Standing Counsel appearing on behalf of the P&RD Department as well as Mr. R. Borpujari, learned Standing Counsel appearing on behalf of the Finance Department.

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The learned counsel for the petitioners submits that the petitioners are appointed and working as LDA/Office Peon/Tax Collector on casual basis in different Gaon Panchayats under the jurisdiction of the respondent No. 4, prior to 01.09.2005. The petitioners’ case is that even though they have been working as Casual Workers prior to 01.09.2005, their names are not included

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Page No.# 4/5

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in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list.

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The petitioners’ counsel submits that those persons, whose names are included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list, prepared by the Department on 01.01.2020, are entitled to the benefits of minimum regular scale of pay, in terms of the Judgment & Order dated 08.06.2017 passed by the Division Bench of this Court in W.A. No. 45/2014, “State of Assam & Ors. Vs. Sh. Upen Das & 836 Ors”.

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It is submitted on behalf of the petitioners that their names should be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020.

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Mr. N. K. Dev Nath, learned counsel appearing on behalf of the P&RD Department submits that the respondent authorities would have to verify all the appointment orders of the petitioners and also take the approval of the Finance Department for inclusion of their names in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list, provided they survive the scrutiny.

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On considering the fact that the present issue involves disputed questions of fact, this Court is of the view that the matter should be decided by the respondent authorities. Accordingly, the petitioners are given the liberty to file individual representations, annexing their appointment orders, within a period of 2 (two) weeks from today. The representations should be addressed to the respondent No. 3, who shall thereafter examine the petitioners’ representations and take a decision on the same, as to whether the petitioners can be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020. 7

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The entire exercise should be carried out within a period of 6 (six) months from the date of receipt of a certified copy of this order along with the individual representations submitted by the petitioners.

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The writ petition is accordingly disposed of

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JUDGE

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Comparing Assistant

Hafizul Rahman and 9 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Hafizul Rahman and 9 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

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What the court decided

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