Dharma Kanta Bhattacharyya and 16 Ors v. The State of Assam and 4 Ors

ORDER

23.02.2024 Heard Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. A. Talukdar, learned Government Advocate for the respondent no.1, Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent Page No.# 6/10 no.2 and Ms. D.S. Neog, learned Standing Counsel, Irrigation Department for the respondent nos. 3, 4 & 5.

¶2The petitioners are erstwhile employees of Assam State Minor Irrigation Development Corporation Limited (in short ASMIDC). The said corporation was incorporated for the purpose of improving, establishing, executing shallow tubewells and low lift project in the State of Assam for advancement of Minor Irrigation.

¶3Initially by notification dated 13.05.2005 issued by the Secretary to the Government of Assam, Irrigation Department offered VRS benefits to 302 numbers of regular employees including the petitioner on the basis of notification dated 20.09.2004. Though such VRS was implemented, alleging non release of benefits under such VRS, writ petition being WP(C) 4954/2006 was filed before this Court. By order dated 02.12.2008, the said writ petition was disposed of by this court directing the respondents to complete the payment of VRS benefits to the petitioners therein.

¶4During the pendency of such writ proceeding by a notification dated

15.02.2006 the policy of voluntary retirement was revised. The said voluntary retirement scheme was implemented specially for the employees of State level public enterprises of Assam. Clause 1 of the said revised policy provides that Page No.# 7/10 amongst others the package under VRS shall include unpaid salary / wages (basic pay + DA) up to the date of acceptance of VRS by the employee. The present dispute relates to the meaning of salary. The petitioners contend that the unpaid salary shall include House Rent Allowance (HRA), Medical Allowance

(MA) and City Compensatory Allowance (CCA) and though other benefits are paid, the said allowance have not been paid.

¶5This court while dealing with a similar issue and relating to VRS involving the employees of State Fed, came to a conclusion that HRA, MA and CCA are the components of the salary. On the basis of such finding this court vide order dated 06.01.2014 directed the respondent Corporation in the said writ petition being No. WP(C) 994/2007 to release HRA, MA and CCA to the employees of State Fed.

¶6In the said judgment this court also interfered with the decision of a review meeting dated 26.03.2009, whereby HRA and MA was refused to be paid as not part of salary.

¶7Subsequently relying on the said judgment, this court dealing with similar claim of the employees of Assam Agro Industries Development Corporation following the aforesaid judgment in the State Fed (supra) directed payment of HRA and MA. In the said case CCA was not claimed by the petitioner. Page No.# 8/10

¶8It 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. 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 Page No.# 9/10 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."

¶9Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no.2 and Ms. D.S. Neog, 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.

¶10Upon 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 stands squarely covered by the judgment and order dated 24.07.2023 passed in Page No.# 10/10 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.

¶11Accordingly, 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.#o1/10 GAHC010021002024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/912/2024o DHARMAoKANTAoBHATTACHARYYAoANDo16oORSo SONoOFoLATEoPRANANATHoBHATTACHRYYA,o RESIDENToOFoVILLAGEoANDoP.O.oGUAKUCHIo DISToNALBARI,oASSAMo PIN-o781369. 2:oGAURIoSANKARoDAS oSONoOFoLATEoGIRISHoCH.DAS o RESIDENToOFoKUMARHATI oBARPETAoTOWN o WARDoNOo6 oDISTRICT-oBARPETA o BARPETA oASSAM oPIN.o781301 3:oRATNAoKUMARoDAS oSONoOFoLATEoTARANIoKANTAoDAS o RESIDENToOFoVILLAGEoBAPUJIoNAGAR oWORDoNOo16 oP.O.oBALADMARI oDISToGOALPARA GOALPARA oASSAM oPINo-o783101 4:oPRABINoCH.oBARMAN oSONoOFoLATEoHARKANTAoBARMAN o RESIDENToOFoVILLAGEoLAKHINAGAR PageoNo.#o2/10 o HAIBARGAON o DISTRICT-oNAGAON oASSAM o PIN-o782002 5:oCHANDRAoKANTAoDAS oSONoOFoLATEoBHUBANoCHANDRAoDAS o RESIDENToOFoGARIGAON o JALUKBARI oKAMRUP oASSAM o PIN-o781012 6:oNARAYANoCHANDRAoDAS oSONoOFoLATEoGUNADHARoDAS o R/OoAMRANGA o DISTRICT-oKAMRUP oASSAM o PIN-781125. 7:oBHARAToCHANDRAoDUTTA oSONoOFoLATEoMANIKoCH.oDUTTA o RESIDENToOFoBELSOR o DISTRICT-oNALBARI oASSAM o PIN-781378. 8:oSARAToCHANDRAoDEKA oSONoOFoLATEoKALICHARANoDAS o RESIDENToOFoSARTHEBARI oBARPETA oASSAM oPIN-o781301 9:oPARAMANANDAoKALITA PageoNo.#o3/10 oSONoOFoLATEoUTTAMoCHANDRAoKALITA o RESIDENToOFoTIHU o DISTRICT-oNALBARI oASSAM o PIN-o781378. 10:oMD.oKASHEDoALI oSONoOFoLATEoTAHERoALI o RESIDENToOFoMUKALMUA oNALBARI oASSAM o PIN-781378. 11:oBANGSHIDHARoMEDHI oSONoOFoLATEoGAURIoKANTAoMEDHI o RESIDENToOFoKASUAPATHAR o DISTRICT-oNALBARI oASSAM o PIN-781378. 12:oJAHANARAoBEGUM oWIFEoOFoTOWFIQUEoAHMED o RESIDENToOFoHATIGAON o DISTRICT-oKAMRUP(M) oASSAM o PIN-781038. 13:oMAHENDRAoBARMAN oSONoOFoLATEoMAHESWARoBARMAN o RESIDENToOFoBYAKUCHI oSARTHEBARI o DISTRICT-oBARPETA oASSAM o PIN-781301. PageoNo.#o4/10 14:oNARAYANoCHANDRAoMALI oSONoOFoLATEoBASANTAoMALI o RESIDENToOFoAGAMONI o DISTRICT-oDHUBRI oASSAM o PIN-783301. 15:oCHANDRAoKUMARoGHOSH oSONoOFoKHAGENoCH.oGHOSH o RESIDENToOFoGOALPARA o DISTRICT-oGOALPARA oASSAMo PIN-783101. 16:oPUTULoDAS oSONoOFoLATEoPRADIPoKUMARoDAS o RESIDENToOFoBAMUNPARA oGOALPARA o DISTRICT-oGOALPARA oASSAM o PIN-o783101. 17:oPRAMILAoMUSHAHARI oWIFEoOFoLATEoGUNAoRAMoMUSHAHARI o RESIDENToOFoHAIDABARI DISTRICT-oBISWANATHoCHARIALI o ASSAM oPIN-o784176o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-o781006,oASSAM. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM Page No.# 5/10 FINANCE DEPARTMENT DISPUR GUWAHATI - 781006 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