All Assam Development Authority Employees Joint Council and 2 Ors. v. the State of Assam and 27 Ors.
Case brief
What is this about?
Gauhati High Court, WP(C)/1325/2018, decided 02.06.2026 by Mrs. Justice Shamima Jahan. Employees of Assam urban development authorities (constituted under Section 8A, Assam Town and Country Planning Act, 1959) sought regular monthly salaries, provincialization and retiral benefits (pension, gratuity, CPF). Court: no direct statutory liability on State Government to pay salaries (Sections 8G(2), 48; Rules 17 and 22 of the 1963 Management Rules place salary-fixation on the authority), but non-payment of salary for years violates Article 21 fundamental/human rights, following Kapila Hingorani v. State of Bihar (2005) 2 SCC 262. Relief by directions: representation to Principal Secretary, Urban Development Department; consideration of financial assistance under Section 50 (grants/advances/loans including salaries by implication); framing of service rules without delay; interim policy decisions and financial assistance under Section 50. Keywords: development authority employees; unpaid salaries; Assam Town and Country Planning Act 1959 Sections 8A, 8G(2), 48, 50; Article 21; Article 226; model employer; provincialization; prior order in WP(C) No. 6773/2010 dated 21.01.2015; Government order dated 28.05.2015.