Bilal Uddin Mazumder Vs the State of Assam and Ors.

THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI 06

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2:THE COMMISSIONER PANCHAYAT RURAL DEVELOPMENT DEPARTMENT JURIPAR GUWAHATI-37 ASSAM. 3:THE DISTRICT COMMISSIONER HAILAKANDI

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4:CHIEF EXECUTIVE OFFICER ZILLA PARISHAD HAILAKANDI DISTRICT-HAILAKANDI ASSAM 788155

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Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR

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

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 15-07-2026

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Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Konwar, learned Addl. Advocate General, Assam along with Mr. A.K. Ghosh, learned standing counsel, P&RD Department, Assam appearing for all the respondents.

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The petitioner in the present writ petition has raised a grievance with regard to the inaction on the part of the respondent authorities in releasing his arrear wages for the period w.e.f. September, 2022 to February, 2024.

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The petitioner was initially engaged as a Driver on temporary basis on a lump sum payment of wages of Rs. 200/- (Rupees Two Hundred) for the period of 90 days w.e.f. 15-072015, vide order dated 16-09-2015, issued by the Chief Executive Officer, Zilla Parishad, Hailakandi. The said engagement of the petitioner was continued with by issuance of fresh orders of engagement from time to time. The last of such engagement of the petitioner was so effected vide order dated 07-06-2022, issued by the Chief Executive Officer, Zilla Parishad, Hailakandi, by which the services of the petitioner was continued w.e.f. 12-04-2022 to 09-072022. It is admitted position that after 09-07-2022, there is no order issued towards further engaging the petitioner as Driver in the establishment of the Zilla Parishad, Hailakandi. However, the petitioner by bringing on record various log-books for the periods after 09-072022 has projected that he was continued to be engaged for the works as Driver till February, 2024. The petitioner projects that his wages for the period w.e.f. September, 2022 till February, 2024, however, was not released.

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Page No.# 3/4

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The respondents have also filed affidavit in the matter and therein, have projected that the contention of the petitioner that he was being continuously engaged after 09-07-2022 till February, 2024 would not mandate an acceptance, inasmuch as, there is no order brought on record issued by a competent authority towards engaging the petitioner after 09-07-2022. Further, the respondents have also denied the fact that the petitioner had worked as Driver after 09-07-2022 till February, 2024. With regard to the log-books submitted by the petitioner, it is projected by the respondents in the said affidavit that the same not being counter-signed by a competent departmental authority, the same cannot be reckoned for the purpose of adjudicating the claim raised by the petitioner in the present writ petition.

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In view of the above contradictory stands taken by the parties to the proceeding and also the fact that a dispute being raised by the respondents with regard to the continuance of the petitioner in his service as a Driver after 09-07-2022 also considering the fact that that petitioner has brought on record the log-books to demonstrate that he has actually discharged his duties as Driver w.e.f. 09-07-2022 till February, 2024, this Court is of the considered view that the actual factual position existing in the matter is required to be determined by the departmental authorities.

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Accordingly, the petitioner is directed to approach the Commissioner, Panchayat & Rural Development, Assam, by way of submitting a detailed representation, along with all requisite materials to demonstrate that he was continuously being engaged for the works as Driver after 09-07-2022 till February, 2024.

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On receipt of such representation from the petitioner, the Commissioner, Panchayat & Rural Development, Assam shall hold a hearing in the matter and upon hearing the petitioner

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Page No.# 4/4

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as well as the authorities of the Hailakandi Zilla Parishad proceed to determine the claim of the petitioner for being authorized his arrear wages w.e.f. September, 2022 till February, 2024.

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Basing on such determination as made by the Commissioner, Panchayat & Rural Development, Assam, shall issue a speaking order and communicate the same to the petitioner. In the event the petitioner is found to be entitled to his arrear wages, the same shall be released to the petitioner as expeditiously as possible.

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The above process shall be initiated and concluded by the Commissioner, Panchayat & Rural Development, Assam within a period of 06 months from the date of receipt of a certified copy of this order along with a representation from the petitioner, herein.

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With the above observations and directions, the present writ petition stands disposed

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of.

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JUDGE

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Comparing Assistant

Bilal Uddin Mazumder v. the State of Assam and Ors.

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Bilal Uddin Mazumder v. the State of Assam and Ors.

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