Jadab Chandra Kumar and 14 Ors v. The State of Assam and 4 Ors

ORDER

05.02.2024

Heard Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam for the respondent no.1, Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no.2 and Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for Page No.# 5/7 the respondent nos. 3, 4 & 5. It is submitted that the issues involved in this writ petition are akin to the issues which were decided by a Co-ordinate Bench of this Court in WP(C) No.5836/2022 by the Judgment and Order dated 24.07.2023. The relevant portion of the said Judgment and Order dated 24.07.2023 is extracted below: "The writ petitioners herein were all employees of the Assam State Minor Irrigation Development Corporation Limited (ASMIDC) which went into liquidation. Consequently, the 302 employees of the ASMIDC were offered Voluntary Retirement Scheme (VRS) which was notified by the departmental Secretary on 13.05.2005. The scheme was subsequently revised by the department vide notification dated 15.02.2006. Accordingly, benefits under the VRS Scheme was extended to all the 302 numbers of employees including the writ petitioners. However, the respondents have failed to pay the amount due and payable as House Rent Allowance (HRA), Medical Allowance (MA) and City Compensatory Allowance (CCA) although the aforesaid allowances, according to the petitioners, were included in the terms and conditions of the VRS scheme. Hence, this writ petition. It appears that earlier a group of similarly situated former employees of ASMIDC had approached this Court by filing WP(C) No.9562/2019 which was disposed of by the learned Single Judge by order dated 13.05.2022 by accepting their similar claim for payment of HRA, MA and CCA. Mr. Bharadwaj submits that the case of the present petitioners is squarely covered by the judgment and order dated 13.05.2022 and therefore, this writ petition be also disposed of with a similar direction. Mr. H. Sarma, learned Addl. Sr. Govt. Advocate, Assam as well as Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam have also fairly submitted that the case of the petitioners would be covered by the judgment and order dated 13.05.2022 passed by this Court. However, the learned departmental counsel could not confirm as to whether, the aforesaid order of this Court has already been implemented by the departmental authorities or not. Page No.# 6/7 Be that as it may, I find from the materials available on record that the writ petitioners in WP(C) No.9562/2019 had also prayed for a direction for payment of HRA, MA and CCA against the same authority. They were also amongst the 302 regular employees of the ASMIDC who were covered under the VRS Scheme notified on 13.05.2005, which was revised by the department vide notification dated 15.02.2006. Taking note of the prayer made in the writ petition, the learned Single Judge, by the judgment and order dated 13.05.2022 had passed the following directions disposing of the writ petition :- "11. In that view of the matter, it is held that the petitioners are entitled for HRA, MA and CCA and the same need to be calculated and included in salary for purpose of declaring VRS benefits and accordingly, the respondent Irrigation Department is directed to consider the case of the petitioner in the aforesaid term and if HRA, MA and CCA as per the clause 1(e) of the VRS scheme dated 15.02.2006 has not been paid, the same be paid within a period of two months from receipt of certified copy of this order to be furnished by the petitioners before the respondent authority." Since there is no dispute at the bar that the writ petitioners herein are also similarly situated employees of ASMIDC having similar nature of grievance, hence, I do not find any justifiable ground to deny a similar relief to the writ petitioners. The writ petition is, therefore, disposed of by providing that the prayer of the petitioners for consideration of HRA, MA and CCA as per clause 1(e) of the VRS Scheme dated 15.02.2006 be considered and the amount found due may be paid to them within a period of three months from the date of receipt of a certified copy of this order. With the above observation, the writ petition stands disposed of." Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no.2 and Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 3, 4 & 5 do not object to the submissions made by the learned counsel for the petitioner. Upon perusal of the Judgment and Order dated 24.07.2023 passed in WP(C) No.5836/2022 it is seen that the issues raised in the present writ petition Page No.# 7/7 stands squarely covered by the judgment and order dated 24.07.2023 passed in WP(C) No.5836/2022. As such, this Court is of the considered view that the issues in the writ petition too will be covered by the Judgment and Order dated

24.07.2023 passed in WP(C) No.5836/2022. Accordingly, the writ petition stands disposed of. The claims of the petitioners will be addressed in terms of the finding contained in the Judgment and Order dated 24.07.2023 passed in WP(C) No.5836/2022. JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010012992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/374/2024o JADABoCHANDRAoKUMARoANDo14oORSo S/OoLATEoT.oKUMAR,oR/OoGOTANAGAR,oP.O.-MALIGAON,oDIST-oKAMRUPo (M),oGUWAHATI,oASSAM,oPIN-781011 2:oMD.oMUKTABoALI oS/OoLATEoJULLASoALI oR/OoVILLoANDoP.O.-GANDHMOW oSINGIMARI oKAMRUP oASSAM oPIN-781103 3:oNARAYANoDAS oS/OoLATEoBAPURAMoDAS oR/OoVILL-oABHAYPUR oP.O.-GERUAH oHAJO oKAMRUP oPIN-781104 4:oRAHIMAoBIBI oW/OoLATEoMAHIBULLAHoHAQUE oR/OoVILL-oHALIGAON oP.O.-BIJOYNAGAR oDIST-KAMRUP oASSAM oPIN-781122 5:oNILIMAoDASoBORA oW/OoLATEoLAKHIoKANTAoBORA oR/OoWARDoNO.o4 oP.O.oANDoP.S.-GOSSAIGAON oDIST-oKOKRAJHAR oASSAM PageoNo.#o2/7 oPIN-783360 6:oJAMUNAoSARKAR oW/OoLATEoRAMAoSARKAR oR/OoBONGAIGAONoNO.o2oBAKHARAPAR oP.O.oANDoP.S.-BONGAIGAON oDIST-oBONGAIGAON oASSAM oPIN-783380 7:oBHAGABANoDEKA oS/OoLATEoRAMESWARoDEKA oR/OoP.O.-HARIBHANGA oP.S.-TIHU oDIST-oNALBARI oASSAM oPIN-781378 8:oHARBANoSINGH oS/OoLATEoPRATAPoSINGH oR/OoVILLoANDoP.O.-BARKOLA oP.S.-SADAR oNAGAON oASSAM oPIN-782114 9:oAKANIoRAJKHOWA oW/OoLATEoBIDYADHARoRAJKHOWA oR/OoVILL-TENGAMARI oTEKELAGAON oP.O.oANDoP.S.-BARBARUAH oDIST-DIBRUGARH oASSAM oPIN-786004 10:oMD.oRAFIQUEoALI oS/OoLATEoJAMIRoALI oR/OoVILL-oBANGAON oP.O.-BANAGRAM oP.S.-BELSOR oDIST-oNALBARI oASSAM oPIN-781303 11:oBHABENDRAoDEKA oS/OoLATEoGONESWARoDEKA oR/OoWARDoNO.o1oJYOTINAGARoPATHSALA oP.S.-PATACHARKUCHI PageoNo.#o3/7 oDIST-BAJALI oASSAM oPIN-781325 12:oCHANDRAoNATHoKONWAR oS/OoLATEoD.oKONWAR oR/OoVILL-oNIZLALUK oP.O.oANDoP.S.-LALUK oDIST-LAKHIMPUR oASSAM oPIN-784160 13:oHIMESWARoBORAH oS/OoLATEoTANKESWARoBORAH oR/OoP.N.G.B.oROAD oP.O.oANDoP.S.-TEZPUR oDIST-SONITPUR oASSAM oPIN-784001 14:oDINESHoBEZBARUAH oS/OoLATEoLAKHIoNATHoBEZBARUAH oR/OoKOMARoCHUBURIoUSHAoNAGARoBY-LANE-2 oP.O.oANDoP.S.-TEZPUR oDIST-SONITPUR oASSAM oPIN-784001 15:oJAGAToCHANDRAoNATH oS/OoLATEoJOGESWARoNATH oR/OoBOGAoBURAoCHUBURI oP.O.-BESERIA oP.S.-TEZPUR oDIST-SONITPUR oASSAM oPIN-78405o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-781006,oASSAM 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 Page No.# 4/7 ASSAM 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED ULUBARI GUWAHATI-781007 ASSAM 5:THE MANAGING DIRECTOR THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED ULUBARI GUWAHATI-781007 ASSA Advocate for the Petitioner : MR P BHARDWAJ Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA