Junior Assistant at fixed pay sought minimum wage benefits per a prior Division Bench judgment; earlier directions were unenforced against the Finance Department which was not a party. Court disposed of the writ petition directing departments to consider his claims afresh with Finance Department concurrence within 120 days.
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GAHC010040732023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1301/2023
RABIJUL ALOM S/O- RIAJ UDDIN, VILL. BURUNGA PT.-I, P.O.- TIKARBURUNGA, P.S.- KATIGORAH, DIST.- CACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.
3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT JURIPAR PANJABARI
GUWAHATI- 37.
4:THE CHIEF EXECUTIVE OFFICER CACHAR ZILLA PARISHAD P.O. AND P.S.- SILCHAR
DIST.- CACHAR ASSAM
PIN- 788103.
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5:THE BLOCK DEVELOPMENT OFFICER KALAIN DEVELOPMENT BLOCK P.O.- HILARA P.S. KATIGORAH
DIST.- CACHAR ASSAM PIN- 788817
Advocate for the Petitioner : MR. A M S MAZUMDER Advocate for the Respondent : SC, P AND R.D.
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 02/02/2024
Heard Mr. A. M. S. Mazumder, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department and Mr. P. Handique, learned standing counsel, P & RD.
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in terms of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014 (the State of Assam and Ors. Vs Upen Das and Ors.). On this limited prayer a Co-Ordinate Bench of this Court by order dated 29.11.2019 disposed of the writ petition with a direction to the respondents, more particularly, Principal Secretary to the Government of Assam, P&RD Department, to consider the case of the petitioner for such benefits as stipulated at paragraph 22 of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014. However, due to non-compliance of the order, the petitioner filed a contempt petition before this court being Contempt Case(C) No. 409/2020. This court by order dated 30.01.2023 closed the contempt petition on the submissions made by the learned counsel for the P&RD department that they had processed the claims of the petitioner and forwarded it to the Finance Department, but the Finance Department did not accord approval, as a result of which, the matter could not be processed further and that there was no willful violation of the Court's order by the Panchayat and Rural Development Department, this Court upon consideration of these submissions, came to a finding that the directions passed in by order dated 29.11.2019 in WP(C)/8695/2019, were in respect of the respondents arrayed therein, more particularly the P&RD department to examine the claims of the petitioner in terms of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014 and since the Finance Department was not arrayed as a party, no direction could have been or was issued to the Finance Department and therefore, in so far as the P&RD department is concerned, they having complied their part of the directions of the writ Court, no willful and deliberate violation of the order dated 29.11.2019 passed in WP(C)/8695/2019 was made out and the contempt petition was accordingly closed. This Court while disposing of the contempt
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matter, however, granted liberty to the petitioner to availed appropriate remedy as may be permissible to the petitioner under law against the Finance Department. Under these circumstances, the petitioner is again before this Court praying for similar directions by arraying the Finance Department as a party.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to benefits of minimum pay scale in terms of the Judgment dated 08.06.2017 in W.A. No.45/2014.
Colour shows how this judgement treated each authority
the State of Assam and Ors. Vs Upen Das and Ors.Applied¶4
W.A. No.45/2014
Rabijul Alom
The State of Assam and 4 Ors represented by Principal Secretary, P&RD Department
Principal Secretary to the Govt. of Assam Finance Department
The Commissioner Panchayat and Rural Development
Chief Executive Officer Cachar Zilla Parishad
Block Development Officer Kalain Development Block
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
