Abdul Hasim Laskar v. The State of Assam and 6 Ors

ORDER 21/07/2023

Heard Mr. A. M. S. Mazumder, learned counsel for the petitioner. Also heard Mr. N. K. D. Nath, learned standing counsel, P & RD department.

¶2This writ petition has been filed by the petitioner praying for a direction to regularize the services of the petitioner, who is working as a Peon-cum-Chowkidar in the office of the Sonacherra Roopacherra Gaon Panchayat under Katlicherra Development Block of Hailakandi District.

¶3It is submitted that the petitioner was engaged as a Peon-cum-Chowkidar in the office of the Sonacherra Roopacherra Gaon Panchayat under Katlicherra Development Block of Hailakandi District on 27.03.1993 by the Page No.# 3/5 President of said Gaon Panchayat and since his date of appointment the petitioner has been rendering his services with full satisfaction of all concerned. However, the services of the petitioner have not yet been regularised. He seeks appropriate directions to the respondent authorities to regularise his services.

¶4Being aggrieved the present writ petition has been filed.

¶5Notice in the matter was issued by this Court as far back as 10.01.2020.

¶6The respondent department was granted opportunities on several occasions to obtain necessary instructions in respect of the averments made in the writ petition. On 07.12.2022, this Court had directed that if the P & R.D Department does not file their affidavit or furnish instructions to the learned standing counsel for P & R.D Department as sought for then the personal appearance of Joint Secretary to the Government of Assam P & RD Department will be ordered.

¶7Today when the matter was called up Mr. N. K. D. Nath, learned standing counsel, P & RD department has placed before the Court a copy of the instructions received from the department.

¶8In terms of the instructions received, it is seen that the Commissionerate of Panchayat and Rural Development has already issued instructions to the Chief Executive Officers of all Zila Parishad for re-examining of the list of Pre-AFRBM casual workers as per the list enclosed including Hailakandi Zila Parishad. In the said list relating to Hailakandi Zila Parisad the name of the petitioner was appeared at serial No.1. Thereafter, the Chief Executive Officers of all Zila parishads including the Hailakandi Zila Parishad have been directed to submit proposals for grant of minimum scale of pay in Page No.# 4/5 terms of the directions of this Court vide order dated 08.06.2017 passed in Writ Appeal No. 45/2014. It is further mentioned in the said letter/communication that no new proposals have been received by the Administrative Department for grant of minimum scale of pay to the Muster Roll/Work Charged/Casual and other similarly placed workers who were appointed prior to AFRBM period/post AFRBM period.

¶9Upon perusal of the instructions as placed by the learned standing counsel, this Court is of the view that since the department has already issued instructions to the respective Chief Executive Officers of the Zila Parishad, the writ petition can be closed with a direction to the respondent No.4, Chief Executive Officer, Hailakandi Zila Parishad to examine the matter and submit a proposal as called for by the Commissionerate of Panchayat and Rural Development for grant of minimum wages in terms of the order dated

08.06.2017 passed in Writ Appeal No. 45/2014 in respect of the petitioner and other similarly situated persons.

¶10These particulars upon due verification should be forwarded to the Commissionerate of Panchayat and Rural Development within a period of 30 (thirty) days from the date of receipt of certified copy of this order. The Panchayat and Rural Development department upon receipt of such proposals from the Chief Executive Officer of Zila Parishad will thereafter process the same expeditiously and release the minimum wages as applicable in terms of the order dated 08.06.2017 passed in Writ Appeal No. 45/2014 if found eligible.

¶11The Commissioner will thereafter proceed to forward their proposals and process the release of minimum wages within a further period of 90 days from the date of receipt of the proposals from the Chief Executive Officer. Page No.# 5/5

¶12Writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010005452020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/201/2020o ABDULoHASIMoLASKARo S/OoLT.oHAZIoHASONoALIoLASKAR,oVILL.oANDoP.O.oRUPCHERRAoBASTI,oP.S.o KATLICHERRA,oDIST.oHAILAKANDI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o TOoBEoREP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPTT.oDISPUR,oGUWAHATI-6 2:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPTT.oJURIPAR oPANJABARI oGUWAHATI-37 3:THEoDEPUTYoCOMMISSIONER oHAILAKANDI oP.O.oANDoP.S.oHAILAKANDI oDIST.oHAILAKANDI oASSAM oPIN-788163 4:THEoCHIEFoEXECUTIVEoOFFICER oHAILAKANDIoZILLAoPARISHADoP.O.oANDoP.S.oHAILAKANDI oDISToHAILAKANDI oASSAMoPIN-788163 5:THEoBLOCKoDEVELOPMENToOFFICER oKATICHERRAoDEVELOPMENToBOLCK oP.S.oKATICHERRA oDIST.oHAILAKANDI oASSAM Page No.# 2/5 PIN-788161 6:THE PRESIDENT SONACHERRA ROOPACHERRA GAON PANCHAYAT P.O. ROOPCHERRA BASTI PS. KATICHARRA DIST. HAILAKANDI ASSAM PIN-788161 7:THE SECRETARY SONACHERRA ROOPACHERRA GAON PANCHAYAT P.O. ROOPCHERRA BASTI PS. KATICHARRA DIST. HAILAKANDI ASSAM PIN-78816 Advocate for the Petitioner : MR. A M S MAZUMDER Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA