Disposed

Shahenara Benun and 18 Ors. v. the State of Assam and 7 Ors.

Gauhati HC11 Aug 2023WP(C)/907/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a petition seeking unpaid remuneration as Panchayat officials by directing that cases be processed and dues released in accordance with a prior Single Judge order mandating verification and payment within a stipulated timeframe.

What did the court decide?

Petition disposed; respondents directed to verify claims and release unpaid dues in accordance with WP(C) No.3662/2018 judgment.

Shahenara Benun and 18 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010026892023

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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)/907/2023

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SHAHENARA BENUN AND 18 ORS

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W/O- ALOM KHAN, AGED ABOUT 48 YEARS, R/O VILLAGE SUNDARPARA PT-I, P.O- JAMADARHAT, P.S FAKIRGANJ, DIST. DHUBRI, ASSAM. PIN783330.

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2: JEL HOQUE S/O LT. SHIRAM UDDIN R/O VILLAGE TARANGAJHAR P.O- JAMADARHAT P.S FAKIRGANJ DIST. DHUBRI ASSAM. PIN-783330

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3: NUR BHANU W/O- HOBIBAR RAHMAN R/O VILLAGE MOIRAKUCHI PT-I P.O- AIRKATA P.S FAKIRGANJ DIST. DHUBRI ASSAM. PIN-783330

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4: SOFIA SULTANA W/O- HOBIBAR RAHMAN AGED ABOUT 48 YEARS R/O VILLAGE DINGDINGA P.O- CHIRAKUTI P.S FAKIRGANJ DIST. DHUBRI ASSAM. PIN-783330

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5: MOHAMMAD SOKER S/O- LATE FOZOR ALI AGED ABOUT 49 YEARS R/O VILLAGE GODAIRVITA P.O- MEDORTARY

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P.S FAKIRGANJ DIST. DHUBRI ASSAM. PIN-783330

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6: KABEL KAZI S/O- LATE HAKIM KAZI AGED ABOUT 55 YEARS R/O VILLAGE PRAVITA P.O- JAMADARHAT P.S FAKIRGANJ DIST. DHUBRI ASSAM. PIN-783330

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7: MAYURI KHATUN W/O- MADARI SK AGED ABOUT 43 YEARS R/O VILLAGE AND P.O- MEDORTARY P.S FAKIRGANJ DIST. DHUBRI ASSAM. PIN-783330

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8: ROMISA KHATUN BIBI W/O- JUL MOHAMMAD SK AGED ABOUT 51 YEARS R/O VILLAGE JHALER ALGA PT-I P.O- SOUTH GERAMARI P.S GOURIPUR DIST. DHUBRI ASSAM. PIN-783331

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9: AHAD ALI SK S/O- LATE NOWSHAD ALI SK AGED ABOUT 54 YEARS R/O AND P.O- ALOMGANJ P.S GOURIPUR DIST. DHUBRI ASSAM. PIN-783331

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10: FIROZA BEGUM W/O- LUTFOR RAHMAN AGED ABOUT 53 YEARS R/O VILLAGE MATIABUG P.O- AND P.S GOURIPUR DIST. DHUBRI ASSAM. PIN-783331

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11: USUFA KHATUN

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W/O- FOMIR UDDIN SK AGED ABOUT 54 YEARS R/O VILLAGE GERAMARI PT-I P.O- GERAMARI P.S GOURIPUR DIST. DHUBRI ASSAM. PIN-783331

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12: ZAKIR HUSSAIN S/O- ABDUS SAMAD SK AGED ABOUT 43 YEARS R/O AND P.O- TISTARPAR P.S AND DIST. DHUBRI ASSAM. PIN-783324

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13: RUBINA KHATUN W/O- ROFIQUL HOQUE AGED ABOUT 31 YEARS R/O VILLAGE SASTARGHAT PT-II P.O- PATAMARIT P.S AND DIST. DHUBRI ASSAM. PIN-783324

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14: WAHIDA PARVIN W/O- NAIB ALI AGED ABOUT 35 YEARS R/O VILLAGE GASPARA P.O- DHARMASALA P.S AND DIST. DHUBRI ASSAM. PIN-783324

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15: MOSLEMA BIBI W/O- JOYNAL ABEDIN AGED ABOUT 50 YEARS R/O VILLAGE ADABARI PT-I P.O- SAGALCHARA P.S AND DIST. DHUBRI ASSAM. PIN-783324

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16: MOINUL HOQUE BEPARI S/O- LATE PADU SK BEPARI AGED ABOUT 49 YEARS R/O VILLAGE BINNACHARA PT-II P.O- BALADOBA P.S GOLAKGANJ DIST. DHUBRI ASSAM.

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17: ALTAF HUSSAIN S/O- AKBAR ALI AGED ABOUT 45 YEARS R/O VILLAGE CHAGALCHAR PT-I P.O- HOWRARPARA P.S AND DIST. DHUBRI ASSAM. PIN-783324

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18: MONOWARA BIBI W/O- SHAHJAHAN ALI AGED ABOUT 50 YEARS R/O VILLAGE KALAPAKNI PT-II P.O- PATAMARI P.S AND DIST. DHUBRI ASSAM. PIN-783324

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19: JAHIDA BEGUM W/O- SAHABUL ALOM AGED ABOUT 32 YEARS R/O VILLAGE BORBILA PT-I P.O- HOWRARPAR P.S AND DIST. DHUBRI ASSAM. PIN-783324

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI-6.

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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR GUWAHATI-37.

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4:THE DEPUTY COMMISSIONER DHUBRI P.O- DHUBRI DIST- DHUBRI

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ASSAM. PIN- 783301. 5:THE CHIEF EXECUTIVE OFFICER DHUBRI ZILA PARISHAD DHUBRI P.O AND DIST- DHUBRI ASSAM. PIN-783301. 6:THE JAMADARHAT ANCHALIK PANCHAYAT REPRESENTED BY EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER JAMADARHAT DEVELOPMENT BLOCK P/O- JAMADARHAT DIST- DHUBRI ASSAM. 7:THE DEBITOLA ANCHALIK PANCHAYAT REPRESENTED BY EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER DEBITOLA DEVELOPMENT BLOCK P/O- ODALBAKRA DIST- DHUBRI ASSAM. 8:THE GOURIPUR ANCHALIK PANCHAYAT REPRESENTED BY EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER GOURIPUR DEVELOPMENT BLOCK P/O- GOURIPUR DIST- DHUBRI ASSAM

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Advocate for the Petitioner : M. HOSSAIN

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

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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11.08.2023

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Heard Mr. M. Hussain, learned counsel for the petitioners. Also heard Mr. P.

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Handique, learned Standing Counsel, P & RD Department, Assam appearing for

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the respondent Nos.1, 3 and 5 to 8, Mr. B.Gogoi, learned Standing Counsel, Finance Department, Assam appearing for respondent No.2 and Mr. N. Goswami, learned Govt. Advocate, Assam appearing for the respondent No.4. The writ petitioners herein have joined together to approach this Court by filing the instant writ petition inter-alia contending that they have not been paid remuneration for the duties rendered by them as President and Vice-President of Anchalik Panahayat.

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Mr. Hussain submits that the petitioners’ case is covered by the judgment and order dated 04.01.2023 passed by the learned Single Judge of this Court in WP(C) No.3662/2018 and the batch of connected writ petitions and therefore, the instant writ petition be also disposed of in the light of the said judgment. The learned departmental counsel have also submitted that the instant case is covered by the earlier decision of this Court and therefore, the writ petition be disposed of accordingly.

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Mr. B. Gogoi, learned Standing Counsel, Finance Department, however, submits that the respondents be directed to verify the claim of each of the petitioners before initiating the steps for release of their remuneration.

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By taking note of similar grievance expressed by the petitioners in WP(C) No.3662/20-18 and the batch of connected writ petitions, the learned Single Judge had passed the judgment and order dated 04.01.2023 by making the following observations :-

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“ 39. Under such circumstances, this Court, therefore, directs the State of Assam, and more particularly, the Principal Secretary to the

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Government of Assam, Panchayat and Rural Development Department to verify the claims of the petitioners as regards their respective

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entitlements only in so far as the quantum is concerned and upon verification, to make payment to the petitioners as per their entitlement. For the purpose of making payment, if there is requirement to take necessary concurrence from the other authorities like the Finance Department, the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department shall do the needful.

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40. The Commissioner and Secretary to the Government of Assam, Finance Department shall also do the needful so that the entitlements of the petitioners are paid by according necessary approval and releasing funds. It is made clear that the directions passed herein are directions upon the State Government to pay dues to the petitioners in the batch of writ petitions. It shall be the collective responsibility of the State Government to see to it that the dues of the petitioners are released to them within the time stipulated herein under.

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41. Taking into account the decision taken in the review meeting on 06.06.2021 by the Chief Minister of Assam, the Government of Assam would be at liberty to pay the entitlement to the petitioners at one go or in installments as per the administrative and financial convenience.

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42. It is, however, made clear that the entire exercise has to be done by the State Government in its Departments to make payment to the petitioners within a period of 6 (six) months from the date copy of the instant judgment is served upon the Principal Secretary to the Government of Assam, Panchayat and Rural development Department and the Commissioner & Secretary to the Government of Assam, Finance Department with their respective claims.

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43. With the above observations and directions, the batch of writ

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petitions stand disposed of.”

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In view of the stand taken by the learned counsel for the respondents, this writ petition is also disposed of by providing that the petitioners’ cases be also processed in the light of the judgment and order dated 04.01.2023 and their unpaid dues be released upon due verification of the claim of each of the petitioners.

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With the above observation, the writ petition stands closed.

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JUDGE

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Comparing Assistant

Shahenara Benun and 18 Ors. v. the State of Assam and 7 Ors.

Case brief

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Shahenara Benun and 18 Ors. v. the State of Assam and 7 Ors.

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