Tharka Bahadur Magar v. The State of Assam and 9 Ors

ORDER Date : 05-06-2024

Heard Mr. G.G. Gogoi, learned counsel for the petitioner as well as Mr. P. Handique, learned standing counsel for the P&RD department and Mr. R. Borpujari, learned standing counsel for the Finance department.

¶2The case of the petitioner is that he is working as a peon-cum-chowkidaar as a casual worker without any break since his appointment order dated 20.01.1993. It was submitted that the monthly salary of Rs.4,500/- per month was fixed for those who were working prior to 31.03.2006. However, as the name of the petitioner was not included in the list, the petitioner and others has filed WP(C) 6209/2014 and this Court by order dated 01.12.2014 directed the respondent authorities to pay fix pay of Rs.4,500/- to the petitioner, if found entitled to.

¶3As the order was not complied with, the petitioner has filed a contempt petition which was registered as Cont. Cas (C) no. 179/2015. However, as a speaking order dated 13.05.2015 was issued contempt petition was closed with liberty to the petitioner to challenge the speaking order dated

13.05.2015 if he is aggrieved by the same. Thereafter, the petitioner has filed WP(C) 5223/2015, which was disposed of by an order dated 31.05.2017, with a direction to release the salary of the petitioner. Owing to non-compliance again a contempt petition, which was registered as Cont. Cas (C) 11/2018, was filed. Thereafter, the respondent authorities had issued an order dated 14.12.2021, for release of monthly salary of the petitioner along with others. However, the Page No.# 4/5 arrear salary of the petitioner from 01.04.2010 to 30.11.2018 and from

01.12.2018 to 28.02.2022 has not been released. Hence, this writ petition.

¶4The learned standing counsel for the P&RD department has produced a copy of the letter dated 06.05.2024, issued by the Commissioner, P&RD Department, wherein by referring to order dated 20.03.2024 passed in WP(C) 1593/2024, the supporting records along with the verification report has been called for. Accordingly, it is submitted that as the petitioner has submitted a representation dated 27.02.2024, the writ petition can be disposed of with a direction to the Chief Executive Officer, Lakhimpur Zilla Parishad, Lakhimpur (respondent no.10) as well as to the Commissioner, Panchayat and Rural Development department (respondent no.6) to dispose of the said representation.

¶5In view of the submissions made by the learned standing counsel for the P&RD Department, this writ petition stands closed with a direction to the Commissioner, Panchayat and Rural Development department (respondent no.6) to dispose of the representation of the petitioner dated

27.02.2024, preferably within a period of 6(six) weeks from the date of receipt of the certified copy of the order along with a copy of the writ petition.

¶6If on inquiry the petitioner is found entitled to arrear salary as found due, the salary of the petitioner shall be released within an outer limit of 3(three) months thereafter.

¶7Accordingly, this writ petition stands disposed of at the motion stage without issuance of notice on the respondents.

Page No.# 5/5 JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010110622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2903/2024o THARKAoBAHADURoMAGARo S/O-oLATEoMANDHAJoMAGAR,oR/O-oGOPALPUR,oP.O.oSAGARPUR,oP.S.o LALUK,oDIST.oLAKHIMPUR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoCOMMISSIONERoANDo SECRETARYoTOoTHEoGOVT.oOFoASSAM,oPANCHAYAToANDoRURALo DEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-6,oASSAM 2:THEoPRINCIPALoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGHY-6 oASSAM 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENTo(EC-II) oDISPUR oGHY-6 oASSAM 4:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGHY-6 oASSAM 5:THEoADDITIONALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT Page No.# 2/5 DISPUR GHY-6 ASSAM 6:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GHY-22 ASSAM 7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY-06 ASSAM 8:THE SECRETARY FINANCE (ECONOMIC AFFAIRS) DEPARTMENT DISPUR GHY-6 ASSAM 9:THE JOINT DIRECTOR O/O- THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GHY-22 ASSAM 10:THE CHIEF EXECUTIVE OFFICER LAKHIMPUR ZILA PARISHAD LAKHIMPUR P.O. AND PS. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN- 787001 Advocate for the Petitioner : MR G G GOGOI Advocate for the Respondent : SC, P AND R.D. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA