Niron Chandra Boruah v. The State of Assam and 9 Ors

ORDER Date : 01.04.2024

Heard Mr. G. G. Gogoi, learned counsel for the petitioner. Also heard Mr. S. Page No.# 3/4 Dutta, learned standing counsel, P&RD for the respondent Nos. 1, 4, 5, 6, 7, 9 and 10 and Mr. A. Chaliha, learned standing counsel, Finance Department for the respondent Nos. 2, 3 and 8.

¶2The petitioner is working as Peon cum Chowkidar (Casual Worker) in the Office of the Singra Gaon Panchayat under Lakhimpur Zilla Parishad.

¶3The Joint Secretary to the Govt. of Assam, Panchayat and Rural Development Department by a communication dated 25th of January, 2012, addressed to the Commissioner, Panchayat and Rural Development Assam conveyed the approval of the Government towards payment of fixed monthly wages to 1812 Nos. of casual workers engaged in different Zilla Parishads, Anchalik Panchayats and Gaon Panchayats prior to the 01.04.1993 and after

01.04.1993 up to 31.03.2006 @ of Rs.4,500/-.

By another Office Order dated 14th of December, 2021, issued by the Principal Secretary to the Government 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 (DA) which will undergo revision whenever pay-scale changes based on enhancement on DA and recommendation of Pay Commission along with Medical Allowance of Rs.600 per month. The name of the petitioner appears at Sl. No. 32 in the said order dated 14th of December, 2021.

¶4The grievance of the petitioner before this Court is that he has not been Page No.# 4/4 paid his arrear salary from 01.04.2010 to 30.11.2018 @ of Rs.4,500/- and arrear salary for the period from 01.12.2018 to 28.02.2022 @ of Rs.15,900/-. The petitioner therefore made a representation dated 03.01.2024 praying for release of pending monthly salary and arrear salary before the Chief Executive Officer, Lakhimpur. By another representation dated 03.01.2024, the petitioner addressed to the Commissioner Panchayat and Rural Development Department Guwahati requested for release of pending monthly and pending arrear salary. The said representation dated 03.01.2024 is yet to be considered by the respondent No.6/Commissioner, Panchayat and Rural Development Department, Assam till date.

Accordingly, 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.

¶5With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010065182024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1776/2024o NIRONoCHANDRAoBORUAHo S/O-oTONKESWARoBORUAH,o RESIDENToOFoVILL.oNO.o2oKOWADONGA,o P.O.-oKOWADONGA,oDIST.-oLAKHIMPUR,o ASSAM,oINDIA. VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REPRESENTEDoBYoTHEoPRINCIPALoCOMMISSIONERoANDoSECRETARYoTOo THEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,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 oDISPUR oGUWAHATI-6 oASSAM. Page No.# 2/4 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 GUWAHAT-06 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 JURIPAR PANJABARI GUWAHATI-22 ASSAM. 10:THE CHIEF EXECUTIVE OFFICER LAKHIMPUR ZILA PARISHAD P.O. AND P.S.- LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 787001 Advocate for the Petitioner : MR G G GOGOI Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR