Bhabendra Nath Saikia v. The State of Assam and 14 Ors

PageoNo.#o1/5 GAHC010109232020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3243/2020o BHABENDRAoNATHoSAIKIAo S/O.oLT.oUMAoKANTAoSAIKIA,oRTD.oADDL.oDIRECTORo(INPUT)oOFo AGRICULTURE,oASSAMoR/O.oMIDDLEoCHOWKIDINGI,oMATCHoFACTORYo LANE,oP.O.,oP.S.oANDoDIST.oDIBRUGARH,oASSAM,oPIN-786001. VERSUSo THEoSTATEoOFoASSAMoANDo14oORS.o REP.oBYoTHEoCOMM.oANDoSECY.,oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo AGRICULTURE,oASSAMoCIVILoSECRETARIAT,oDISPUR,oGUWAHATI,oASSAM, PIN-781006. 2:THEoDIRECTORoOFoAGRICULTUREoOFoASSAM oGSoROAD oKHANAPARA oGUWAHATI oASSAM oPIN-781022. 3:THEoADDL.oDIRECTORoOFoAGRICULTURE oHAFLONG oUNDERoDIMAoHASAOoAUTONOMOUSoCOUNCIL oDIST.oDIMAoHASAO oASSAM. 4:THEoJOINToDIRECTORoOFoAGRICULTURE o(ER)oJORHAT oDIST.oJORHAT oASSAM PageoNo.#o2/5 oTHEoDIST.oAGRICULTURALoOFFICER oTINSUKIA oDIST.oTINSUKIA oASSAM. 5:THEoJOINToDIRECTORoOFoAGRICULTURE oTINSUKIA oDIST.oTINSUKIA oASSAM. 6:THEoDY.oDIRECTOR oHORTICULTURE oLAKHIMPUR oDIST.oLAKHIMPUR oASSAM. 7:THEoDY.oDIRECTORoOFoAGRICULTURE oHAFLONG oUNDERoDIMAoHASAOoAUTOMOMOUSoCOUNCIL oDIST.oDIMAoHASAO oASSAM. 8:THEoDIST.oAGRICULTUREoOFFICER oDIBRUGARH oDIST.oDIBRUGARH oASSAM. 9:THEoDIST.oAGRICULTURALoOFFICER oMORIGAON oDIST.oMARIGAON oASSAM. 10:THEoDISTRICToAGRICULTURALoOFFICER oSONARI oDIST.oCHARAIDEO oASSAM. 11:THEoSUB-DIVISIONALoAGRICULTURALoOFFICER oMARGHERITA oDIST.oTINSUKIA oASSAM. Page No.# 3/5 12:THE SUB-DIVISIONAL AGRICULTURAL OFFICER TITABOR DIST. JORHAT ASSAM. 13:THE ACCOUNTANT GENERAL ASSAM (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN-781029. 14:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN-781006. 15:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF PENSION AND PUBLIC GRIEVANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN-781006 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : GA, ASSAM

Page No.# 4/5 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

15.03.2023 Heard Mr. B. Purkayastha, the learned counsel for the petitioner and Ms. R. Borah, the learned Standing Counsel, Agriculture Department, Government of Assam. Also heard Mr. R. K. Talukdar, the learned counsel appearing on behalf of the Accountant General (A&E) as well as Mr. C. H. Hazarika, the learned counsel for the State respondents. On 14.12.2022, the learned Standing Counsel, Agriculture Department had submitted that the proposal for the petitioner's arrear salary has been received on 07.12.2022 and it would take around three months from that date to be processed. In view of the said submission, this Court had fixed the matter today on 15.03.2023 and the learned Standing Counsel, Agriculture Department was to apprise this Court as regards the payment of the arrear salary to the petitioner. The case of the petitioner in brief is that the petitioner is entitled to an amount of Rs.13,27,294/- as arrear salary for the period from September, 2012 to 31.07.2014 while the petitioner was serving as the Additional Director of Agriculture, Dima Hasao. It is also the further case of the petitioner that the petitioner has not received the GIS amount. The learned Standing Counsel, Agriculture Department submits that there is no denial to the fact that the petitioner is entitled to the amount for the arrear salary for the said period and as such the writ petition can be disposed of with the direction to the respondent authorities to make the Page No.# 5/5 payment within a period of three months from today. Taking into account the said submission made by the learned Standing Counsel, Agricultural Department, this Court therefore disposes of the writ petition with a direction to the respondents in the Agricultural Department to take appropriate steps in the matter for disbursal of the arrear salary of the petitioner to which he is entitled to for the period from September, 2012 to

31.07.2014. The respondents in the Agricultural Department shall also take appropriate steps for payment of the GIS amount to which the petitioner is entitled to. In that regard, if necessary, the respondents in the Agriculture Department shall take appropriate steps for obtaining necessary approval from the Finance Department of the Government of Assam. The said exercise be carried out within a period of three months from the date a certified copy of the instant order is served upon the Commissioner & Secretary to the Government of Assam, Agriculture Department. With the above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant