Rabijul Alom v. The State of Assam and 4 Ors

ORDER Date : 02/02/2024

Heard Mr. A. M. S. Mazumder, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department and Mr. P. Handique, learned standing counsel, P & RD.

¶2This writ petition is filed by the petitioner praying for grant of minimum wages. Petitioner is working as a Junior Assistant (LDA) at fixed pay basis in the Office of Kalain Anchalik Panchayat. He is being presently paid a fixed pay of Rs.500/- per month. Since his date of appointment on 20.08.2005, the petitioner has been rendering his services. However, during the course of the arguments the learned counsel for the petitioner submits that at this stage the writ petitioner seeks the benefit of grant of Minimum of the Pay scale as per the Judgment passed by the Division Bench of this Court in W.A. No.45/2014 (the State of Assam and Ors. Vs Upen Das and Ors.), which was disposed of on

08.06.2017.

¶3The petitioner before this Court had approached earlier by filing WP(C)/8695/2019 seeking a direction to the respondents to consider their case Page No.# 3/4 in terms of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014 (the State of Assam and Ors. Vs Upen Das and Ors.). On this limited prayer a Co-Ordinate Bench of this Court by order dated 29.11.2019 disposed of the writ petition with a direction to the respondents, more particularly, Principal Secretary to the Government of Assam, P&RD Department, to consider the case of the petitioner for such benefits as stipulated at paragraph 22 of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014. However, due to non-compliance of the order, the petitioner filed a contempt petition before this court being Contempt Case(C) No. 409/2020. This court by order dated 30.01.2023 closed the contempt petition on the submissions made by the learned counsel for the P&RD department that they had processed the claims of the petitioner and forwarded it to the Finance Department, but the Finance Department did not accord approval, as a result of which, the matter could not be processed further and that there was no willful violation of the Court's order by the Panchayat and Rural Development Department, this Court upon consideration of these submissions, came to a finding that the directions passed in by order dated 29.11.2019 in WP(C)/8695/2019, were in respect of the respondents arrayed therein, more particularly the P&RD department to examine the claims of the petitioner in terms of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014 and since the Finance Department was not arrayed as a party, no direction could have been or was issued to the Finance Department and therefore, in so far as the P&RD department is concerned, they having complied their part of the directions of the writ Court, no willful and deliberate violation of the order dated

29.11.2019 passed in WP(C)/8695/2019 was made out and the contempt petition was accordingly closed. This Court while disposing of the contempt Page No.# 4/4 matter, however, granted liberty to the petitioner to availed appropriate remedy as may be permissible to the petitioner under law against the Finance Department. Under these circumstances, the petitioner is again before this Court praying for similar directions by arraying the Finance Department as a party.

¶4Considering that the limited prayer of the petitioner is for examination of their cases by the respective departments and granting them the benefits prayed for in terms of the directions contained in Judgment and Order dated

08.06.2017 passed in W.A. No.45/2014, without expressing anything on merit, this writ petition stands closed, directing the respondent authorities to consider afresh the claims of the writ petitioners and to examine their claims and if it is found that they are entitled to the benefits in terms of the Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014, then necessary orders be passed with due concurrence of the Finance Department. The Finance Department will also examine any such proposal as may be forwarded by the Administrative Department and pass appropriate orders thereon as to whether the petitioners can be granted the benefit of the payment of minimum wages in terms of the directions contained in Judgment and Order dated 08.06.2017 passed in W.A. No.45/2014.

¶5In terms of the above, this writ petition stands disposed of. No order as to cost. Interim order, if any, stands vacated.

¶6The entire exercise shall be completed within a period of 120 days from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010040732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1301/2023o RABIJULoALOMo S/O-oRIAJoUDDIN,o VILL.oBURUNGAoPT.-I,o P.O.-oTIKARBURUNGA,oP.S.-oKATIGORAH,o DIST.-oCACHAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENT oJURIPAR oPANJABARI o GUWAHATI-o37. 4:THEoCHIEFoEXECUTIVEoOFFICER oCACHARoZILLAoPARISHAD oP.O.oANDoP.S.-oSILCHAR o DIST.-oCACHAR oASSAM o PIN-o788103. Page No.# 2/4 5:THE BLOCK DEVELOPMENT OFFICER KALAIN DEVELOPMENT BLOCK P.O.- HILARA P.S. KATIGORAH DIST.- CACHAR ASSAM PIN- 788817 Advocate for the Petitioner : MR. A M S MAZUMDER Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA