Gobinda Rajbangshi and Anr v. The State of Assam and 4 Ors

ORDER

05.02.2024 Heard Mr. A. Barua, learned counsel for the petitioner. Also heard Mr. R.S. Deuri, learned Standing Counsel, Soil Conservation Department for the respondents No. 1, 3, 4 & 5.

¶2This writ petition has been filed by the petitioners who had rendered services under the Assam Plantation Crops Development Corporation and has since superannuated from service.

¶3The grievances of the petitioners are that in respect of their earned leave, they have not received their outstanding dues. The petitioners claim's have not been disputed by the Corporation but the Corporation by communication dated

11.11.2022 informed the petitioners that the Corporation is not in a position to pay the unpaid salaries or dues to the petitioner due to poor financial conditions. Several representations made before the Corporation have not yielded any results.

¶4The learned Standing Counsel for the respondents No. 1, 3, 4 & 5 submits that the affidavit has been filed on behalf of the Department. The claims of the petitioner has not been disputed. Further upon latest instructions received from the Department, it is submitted that the Soil Conservation Department, Government of Assam has sent a proposal for placing supplementary demand and the same is likely to be placed before the Cabinet for its approval.

¶5As there is no dispute on the claims made by the writ petitioners, there are every likelihood that the claims of the writ petitioners will be resolved upon the sanction of the supplementary demand in respect of the proposal which have Page No.# 4/4 been submitted before the authorities concerned.

¶6In view of the fact that since there is no dispute in respect of the claims of the petitioners regarding their arrear dues in view of the proposals having been put up before the Government for release of supplementary demand, it is expected that once the supplimentary demand is sanctioned the claims made by the petitioners will be released subject to provisions of law.

¶7Under such circumstances, this Court does not propose to keep the writ petition pending and the same is disposed of directing the Department to release the salary dues on the petitioners within a period of 90 (ninety) days from the date of receipt of certified copy of this order subject to sanction of the supplementary demand and subject to the provisions of law.

¶8Accordingly, the writ petition stands disposed of.

¶9Interim orders if any stands merged. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010052392023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1557/2023o GOBINDAoRAJBANGSHIoANDoANRo SONoOFoLATEoGANGARAMoRAJBANGSHI,o RESIDENToOFoSARBODOIoNAGAR,o HOUSEoNO.o14,oBARSOJAI,o POSToOFFICE-oBASISTHA,o POLICEoSTATION-oBASISTHA,o DISTRICT-oKAMRUP(M),oASSAM. 2:oSATYAJIToSEN oSONoOFoLATEoSUDHIRoRANJANoSEN o RESIDENToOFoM.K.oENCLAVE oAPARTMENT o B.G.oCOLONY oPRAGJYOTISHoNAGAR o BYEoLANEoNO.o1 oPOSToOFFICE-oMALIGAON o P.S.-oMALIGAON oDISTRICT-oKAMRUP(M) o ASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,o GOVERNMENToOFoASSAM,o SOILoCONSERVATIONoDEPARTMENT,o DISPUR,oGUWAHATI-o6. 2:THEoFINANCEoDEPARTMENT Page No.# 2/4 GOVERNMENT OF ASSAM REPRESENTED BY ITS COMMISSIONER AND SECRETARY DISPUR GUWAHATI-6. 3:THE DIRECTOR OF SOIL CONSERVATION ASSAM BHUMI SANGRAKSHAN BHAWAN 1ST FLOOR R.G. BARUA ROAD GUWAHATI ASSAM- 781005. 4:THE ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR OPPOSITE SARUSAJAI NATIONAL COMPLEX SAWKUCHI NATIONAL HIGHWAY- 37 LAKHARA GUWAHATI- 781034 ASSAM. 5:THE MANAGING DIRECTOR ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LTD. OPPOSITE SARUSAJAI NATIONAL COMPLEX SAWKUCHI NATIONAL HIGHWAY- 37 LAKHARA GUWAHATI- 781034 ASSAM Advocate for the Petitioner : MR B BORA Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA