Eliza Begum v. The State of Assam and 2 Ors

ORDER 11-08-2023

Heard Mr. S. Chamaria, learned counsel for the petitioner in WP(C) No.5761/2015, Mr. I.H. Saikia, learned counsel for the petitioner in WP(C) No.4756/2016 and Mr. M.P, Sarma, learned counsel for the petitioner in WP(C) No.2163/2009, WP(C) No.4702/2014, WP(C) No.6425/2015 & WP(C) No.1942/2017. Also heard Mr. M. Islam, learned counsel for the Goalpara Municipal Board and Mr. P. Nayak, learned Standing Counsel, Finance Department.

¶2These writ petitions have been filed seeking directions from this Court for grant of benefits of arrear salaries, death-cum-retirement benefit, leave encashment and other pensionary benefits in respect of the petitioners who were former employees of Goalpara Municipal Board. Some of the petitioners are family members of Farmer employees. In the year 1996, when the Goalpara Page No.# 9/13 Municipal Board passed an order directing temporary stoppage of disbursement of pensionary benefits in favour of the ex-employees of the Board the same was challenged by the Goalpara Municipal Employees Association by filing Civil Rule no.6261/1996 and this Court vide judgment and order dated 01.06.1999 allowed Civil Rule No. 6261 of 1996 by holding that the pensionary benefits be given to the retired employees of the Board as per the Assam Services (Pension) Rules, 1969. Because of non-compliance of the order dated 01.06.1999, passed in Civil Rule No. 6261/1996, Contempt Case No.144 of 2000 was filed and the same was closed on 29/8/2001 directing the Vice Chairman, Goalpara Municipal Board, Goalpara to release pension of the petitioners within a period of 6 (six months) from the date of the order. Subsequently, another Contempt Petition being Contempt Cas(C) No.293 of 2002 was filed, which was also disposed of by order dated 16.02 2004, whereby the Chairman of the Municipal Board was ordered to ensure that the dues of the petitioners be paid in instalments from time to time out of the funds which the said authority may receive or may be able to generate. Learned counsels for the parties submit that although certain amounts have been released every year, however, a substantial amount is yet to be released and the amounts which are released are also not uniform in respect of the petitioners every year. Consequently, the petitioners have approached this Court with prayers as mentioned above.

¶3Notices in the matter were issued to the respondents as far back as on 21/9/2015. Thereafter, several orders have been passed. In response, the respondents have also filed their counter affidavits. The Goalpara Municipal Board has taken a stand that in view of the poor income of the Municipal Board, which is generated by collection of taxes and fines etc, the amounts as required to be released could not be released. It is submitted by the learned Counsel for Page No.# 10/13 the Goalpara Municipal Board that every year a proposal is sent to the Government for release of necessary funds including funds for pension. Although funds under other heads are released, the sufficient funds in regard to the payment of pensions have not been released as yet. Learned Government Advocate submits that the directions passed in Civil Rule no.6261/1996 and other Contempt Petition were towards the Goalpara Municipal Board to release the funds in respect to the pesnionary benefits due to the retired employees of the Board and therefore, the Goalpara Municipal Board is required to generate funds and release it. Mr. P. Nayak, learned Standing Counsel appearing for the Finance department, submits that as per the Finance Department since the petitioners are the employees of the Municipal Board, as per Section 50 of the Assam Municipal Act, 1956, it is responsibility of the Municipal Board to arrange for the funds and make necessary payments.

¶4Learned counsels for the parties have been heard and pleadings in the records have been perused.

¶5The provisions of Assam Municipal Act, 1956 has also been perused. Section 58 of the Municipal Act provides for constitution and custody of the municipal fund. Under Section 59 of the said Act the Municipal Board may also raise loan or fund. Section 60 of the Act lays down the manner in which the funds are to be utilised. Under Section 60(1)(b) of the Act, such funds shall also be used for payment of salaries to the employees as well as pension, gratuity, leave allowance as may be required by the conditions of service.

¶6Under such circumstances, it is clear that the Municipal Board is required to release the funds as directed by this Court towards arrears salaries, pensionary benefits of the petitioners. From perusal of the provisions of Act of 1956, it is seen that the Municipalities are constituted under Section 4 of the Act Page No.# 11/13 and under Section 10 of the Act, the Municipal Boards are created. The various sections of the Act and the spirit of the Act clearly makes it abundantly clear that the Government has deep and pervasive control over the Municipalities constituted and their functioning. Under such circumstances, the manner in which the Municipalities are functioning, they are to be supervised, if required, by the appropriate department in the Government.

¶7This Court by the earlier judgment and order passed in Civil Rule no.6261/1996 on 01.06.1999 had specifically held that the retired employees of the Board are entitled to pension under the said Rules. Although the Municipal Boards were directed to make the payment, the same has not been complied with entirely by raising a plea of poor collection of funds by the Municipal Board.

¶8Under such circumstances, this Court finds it appropriate to direct the Municipal Board to submit a proposal to the competent department in the Government having supervision over the Municipal Administration, namely, Urban Development Department. The proposal will lay down the specific details in the manner in which the directions of this Court are required to be complied with. The Municipal Board will clearly reflect the amount already paid and the amount that is required to be paid. On such a proposal being furnished to the Urban Development Department, the Department will in consultation with all other relevant or necessary departments forward the said proposal to the Government for release of funds in order to clear the payments due to the petitioners by way of pensions, arrear salaries, death-cum-retirement benefits or otherwise mentioned in the scheme in order to ensure that the directions of this Court passed in abovementioned cases are complied with.

¶9This proposal will be sent to the Urban Development Department within a period of 60 days from the date of receipt of a certified copy of this order. The Page No.# 12/13 Urban Development Department will thereupon forward the said proposal and workout the scheme so as to clear the pensions, arrear salaries, death-cum-retirement benefits and other related benefits as directed by this Court. The exercise by the Urban Development will be completed within a period of 3 (three) months from the date of receipt of the proposal from the Municipal Administration Department. This order has been passed by this Court keeping in view of the fact that a coordinate Bench of this Court in Civil Rule no.6261/1996 by its judgment and order dated 01.06.1999 had specifically upheld the claim of the petitioners for grant of pensions and directed the Municipal Board for release of the pension. This order has never been appealed either by the Municipal Board or by the Urban Development or any other concerned Department of the State. Consequently, this order has attained finality. Once an order has been passed by this Court, the same requires urgent and immediate compliance. Accordingly, a scheme will be finalised by the Government and the required payment will have to be released. As such, in the peculiar facts and circumstances of the case, this Court considers it appropriate to pass the abovementioned order.

¶10In terms of the above directions, the writ petition stands disposed of.

¶11Till finalisation of such scheme, the Municipality will continue to pay the arrears salaries, pensionary benefits to the petitioners as has been done since the directions of this Court.

JUDGE Page No.# 13/13 Comparing Assistant

Page No.# 1/13 GAHC010021812015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5761/2015 MANJU BEGUM W/O LT. ABDUL KADER, R/O HASILAPARA, W/NO.13, P.O. and P.S. GOALPARA, DIST- GOALPARA, ASSAM, PIN-783101 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM, URBAN DEVEL. DEPTT., DISPUR, GHY-6 2:THE DIRECTOR URBAN DEVEL. DEPTT. GOVT. OF ASSAM 3:THE GOALPARA MUNICIPAL BOARD REP. BY ITS CHAIRMAN O/O THE MUNICIPAL BOARD GOLAPARA ASSAM PIN-783101 4:THE EXECUTIVE OFFICER GOALPARA MUNICIPAL BOARD GOLAPARA ASSAM PIN-78310 Advocate for the Petitioner : MR.M PHUKAN Advocate for the Respondent : GA, ASSAM Page No.# 2/13 Linked Case : WP(C)/1942/2017 ELIZA BEGUM W/O A.B. MUKARRAM ALI ALIPARA WARD NO. 4 SWARAJ ROAD GOALPARA ASSAM PIN - 783101 VERSUS THE STATE OF ASSAM and 2 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM MUNICIPAL and ADMINISTRATION DEPARTMENT DISPUR GUWAHATI -6. 2:GOALPARA MUNICIPAL BOARD REP. BY ITS CHAIRMAN GOALPARA ASSAM 3:THE EXECUTIVE OFFICER GOALPARA MUNICIPAL BOARD GOALPARA ASSAM ------------ Advocate for : MR.M P SARMA Advocate for : MR.D SAIKIA R-2 appearing for THE STATE OF ASSAM and 2 ORS. Linked Case : WP(C)/6425/2015 JAGADISH CH. ROY and 9 ORS. S/O LT. UTTAM CH. ROY MILAN NAGAR WARD NO. 15 P.O. BALADMARI PIN - 783121 P.S. and DIST. GOALPARA ASSAM. 2: FAZILA BEGUM Page No.# 3/13 W/O LT. AMANUDDIN AHMED BHATIPARA W/NO. 11 P.O. GOALPARA PIN - 783101 P.S and DIST. GOALPARA ASSAM. 3: PRABHABATI DAS W/O LT. GANESH DAS NEW GOALPARA BIHU FIELD W/NO. 17 P.O. BALADMARI PIN - 783121 P.S. and DIST. GOALPARA ASSAM. 4: GIRI BALA DAS W/O SRI SUBADH CH. DAS TILAPARA WARD NO. 8 P.O. GOALPARA PIN - 783101 P.S. and DIST. GOALPARA ASSAM. 5: SMTI.TRIPTI PATHAK W/O LT. DAMODAR PATHAK BAMUNPARA W/O NO. 6 P.O. GOALPARA PIN - 783101 P.S. and DIST. GOALPARA ASSAM. 6: MUNIA SHEIKH S/O LT. USMAN ALI MOILA PUTA BAZAR W/NO. 19 P.O. BALADMARI PIN- 783121 P.S. and DIST. GOALPARA ASSAM. 7: NAIM ALI S/O LT. AKKESH ALI MOILA PUTA BAZAR W/NO. 19 P.O. BALADMARI PIN - 783121 P.S. and DIST. GOALPARA ASSAM. Page No.# 4/13 8: KAMOR ALI S/O LT. HAMID SHEIKH W/NO. 19 P.O. BALADMAIR PIN - 783121 P.S. and DIST. GOALPARA ASSAM. 9: RANJITA HAJONG W/O LT. ARJUN HAJONG PUB-PAHARTOLI W/NO. 2 P.O. GOALPARA PIN - 783101 P.S. and DIST. GOALPARA ASSAM. 10: TAHERA HUSSAIN W/O LT. MOKHTAR HUSSAIN AMBARI WARD NO. 4 P.O. GOALPARA PIN - 783101 P.S. and DIST. GOALPARA ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-6. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. FO ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI - 781006 ASSAM. 4:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSMA DISPUR GUWAHATI -6. 5:THE GOALPARA MUNICIPAL BOARD Page No.# 5/13 REP. BY ITS CHAIRMAN GOALPARA DIST. GOALPARA ASSAM PIN - 783101. 6:THE EXECUTIVE OFFICER GOALAPRA MUNICIPAL BOARD DIST. GOALAPRA ASSAM PIN- 783101 7:THE DEPUTY COMMISSIONER GOALPARA DIST. GOALPARA ASSAM PIN - 783101. ------------ Advocate for : MR.A CHETRY Advocate for : GA ASSAMR1 2-7 appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/2163/2009 BINOD CH. KALITA AND ORS. S/O LT. SIBA KANTA KALITA SANITARY INSPECTOR RETD R/O NEW GOALPARA P.O.AND DIST GOALPARA. 2: AKASHMOY DAS PURAKAYASTHA S/O LATE RATINDRA DAS EURAKAYASTHA HEAD PLUMBERRETD R/O ASHOK NAGAR P.O.-and DIST- GOALPARA 3: SRI DIPANDRA DAS S/O LATE KUMUDESWAR DAS R/O WARD NO. 6 GOALPARA TOWN P.O. and DIST- GOALPARA ASSAM PIN-783001. 4: MUSTT. SALEHA KHATOON W/O LATE ABDUSH SHATTAR Page No.# 6/13 RETD. TAX COLLECTOR OF GOALPARA MUNICIPAL BOARD R/O GOALPARA DIST- GOALPARA 5: MANIK SEIKH S/O LATE ABIMUDDIN SEIKH TRACTOR DRIVER RETD R/O GOALPARA DIST- GOALPARA VERSUS THE STATE OF ASSAM AND ORS REP. BY THE SECY. TO THE GOVT.OF ASSAM MUNICIPAL AND ADMINISTRATION DEPTT DISPUR GHY-6 2:GOALPARA MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN GOALPARA ASSAM 3