Dharmendra Saikia v. The State of Assam and 9 Ors

ORDER Date : 20.03.2024

Heard Mr. G. G. Gogoi, learned counsel for the petitioner. Also heard Mr. P. Handique, learned counsel appearing on behalf of Mr. K. Konwar, learned Senior standing counsel for the respondent Nos. 1, 4, 5, 6, 7, 9 and 10 and Mr. P. Nayak, learned standing counsel, Finance Department for the respondent Nos. 2, 3 and 8.

¶2The petitioner is serving as Tax Collector (Casual Worker) in the Office of the Madhya Nowboicha Gaon Panchayat under Lakhimpur Zilla Parishad. The Joint Secretary to the Govt. of Assam, Panchayat and Rural Development Department by a Communication dated 25.01.2012 and addressed to the Commissioner Panchayat and Rural Development of Assam conveyed the approval of the Govt. towards payment of fixed monthly wages to 1812 Nos. of casual workers engaged in different Zilla Parishads, Anchalik Panchayats and Gaon Panchayats prior to 01.04.1993 and after 01.04.1993 up to 31.03.2006. By another office order dated 14.12.2021, issued by the Principal Secretary to the Govt. of Assam, Panchayat and Rural Development Department, Fixed Pay Workers who were engaged pre-AFRBI period were allowed to draw fixed wages/ remuneration of Rs.15,900/- with Dearness Allowance which will undergo revision whenever pay-scale changes based on enhancement of DA and recommendation of Pay Commission along with Medical Allowance of Rs.600/- per month. The name of the petitioner appears at Sl. 52 in the said order dated 14.12.2021. Page No.# 4/4

¶3The grievance of petitioner before this Court is that he has not been paid his monthly salary for the period from 01.04.2010 to 30.11.2018 and arrear salary from 01.12.2018 to 28.02.2022. The petitioner therefore made a representation before the Commissioner of Panchayat and Rural Development Department, Guwahati on 03.01.2024 praying for release of the pending monthly salary and pending arrear salary. The representation dated 03.01.2024 is yet to be considered by the respondent No.6/the Commissioner, Panchayat & Rural Development Department till date.

¶4Accordingly this writ petition is disposed of directing the respondent No.6 to verify the entire service records of the petitioner and thereafter, dispose of the representation dated 03.01.2024, within a period of 3(three) months from the date of receipt of a copy of the order of this Court. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010057462024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1600/2024o DHARMENDRAoSAIKIAo S/O-oLT.oDINAoSAIKIA,oR/O-oPERABHARAI,oP.O.oNOWBOICHA,o BONGALCHUK,oDIST-oLAKHIMPUR,oASSAM,oINDIA VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoCOMMISSIONERoANDo SECRETARYoTOoTHEoGOVT.oOFoASSAM,oPANCHAYAToANDoRURALo DEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-6,oASSAM 2:THEoPRINCIPALoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 oASSAM 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENTo(EC-II) oDISPUR oGUWAHATI-06 oASSAM 4:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-6 oASSAM 5:THEoADDITIONALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT Page No.# 2/4 DISPUR GUWAHATI-6 ASSAM 6:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI-22 ASSAM 7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 ASSAM 8:THE SECRETARY FINANCE (ECONOMIC AFFAIRS) DEPARTMENT DISPUR GUWAHATI-6 ASSAM 9:THE JOINT DIRECTOR O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI GUWAHATI-22 ASSAM 10:THE CHIEF EXECUTIVE OFFICER LAKHIMPUR ZILA PARISHAD LAKHIMPUR P.O. AND P.S. LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 78700 Advocate for the Petitioner : MR G G GOGOI Advocate for the Respondent : SC, P AND R.D. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR