The Assam Fisheries Development Corporation Employees' Welfare Association v. The State of Assam and Ors

ORDER Date : 23.03.2023

Heard Mr.M. Sharma, the learned counsel appearing on behalf of the Petitioner. Mr. P. Sharma, the learned counsel appears on behalf of Assam Page No.# 2/3 Fisheries Development Corporation and Mr. A. Chaliha, the learned counsel appears on behalf of the Finance Department.

¶2The instant writ petition has been filed by the Petitioner Association which represents the employees working under the Assam Fisheries Development Corporation. The challenge in respect to the instant writ petition is to the notification dated 07/06/2011 whereby the Assam Service (Revision of Pay) Rules, 2010 was extended to the State Level Public Enterprise w.e.f. 01/01/2011. It is the case of the petitioners herein that the Assam Fisheries Development Corporation in terms with the notification dated 07/06/2011 falls within the category C1 and the applicability of the Assam Service (Revision of Pay) Rules 2010 was subject to the Assam Fisheries Development Corporation being audited upto 2009-10. It is the case of the petitioner that the audit to be done to the Respondent-Corporation is not within the hands of the members of the petitioner and as such because of the inaction on the part of the Respondent-Corporation to perform the required statutory audit, members of the petitioner should not be deprived of their entitlement in terms with the Assam Service (Revision of Pay) Rules, 2010.

¶3On the other hand, Mr. P. Sharma, the learned counsel appearing on behalf of the Respondent –Corporation submits that the statutory audit of the Respondent-Corporation has been duly done and at present the Respondent-Corporation is paying its employees in terms with the 7th Pay Commission and as such, nothing survives in the instant writ petition.

¶4Mr. A. Chaliha, the learned counsel appearing on behalf of the Finance Department submits that the Assam Service (Revision of Pay) Rules, 2010 cannot be applied automatically to public undertaking such as the Respondent-Page No.# 3/3 Corporation. He submitted that in terms with Rule 2(b) of the Assam Service (Revision of Pay) Rules, 2010, the said extension can be made only by way of an express order by the Government which had been done by the notification dated 07/06/2011.

¶5Upon hearing the learned counsel for the parties, this Court does not find any infirmity in the notification dated 07/06/2011 by which the Government of Assam had extended the benefits of the Assam Service (Revision of Pay) Rules, 2010 to the employees of the Assam Fisheries Development Corporation along with other State Level Public Enterprises falling under category C1 making it subject to the completion of the audit upto 2009-10.

¶6This Court also has to take note of the submission of Mr. P.Sarma, the learned counsel for the Respondent-Corporation that at present the Respondent-Corporation has been regularly performing its audit and at present giving the benefits of the 7th Pay Commission to the employees of the Respondent-Corporation.

¶7Taking into account the same, this Court is of the opinion that nothing survives in the instant writ petition. Accordingly, the writ petition stands closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010194582011 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5575/2011 THE ASSAM FISHERIES DEVELOPMENT CORPORATION EMPLOYEES' WELFARE ASSOCIATION REP. BY BY ITS GENERAL SECY. SRI TARINI DEKA, MOTHER TERASA ROAD, GHY-24 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECY. , GOVT. OF ASSAM, FISHERIES DEPTT, DISPUR, GHY-6 2:THE PUBLIC ENTERPRISE DEPTT GOVT.OF ASSAM REP.BY ITS COMMISSIONER AND SECY. DISPUR GHY-6 3:THE ASSAM FISHERIES DEVELOPMENT CORPN LTD REP BY ITS MANAGING DIRECTOR MOTHER TERESA ROAD GHY-24 4:THE SECY TO THE GOVT OF ASSAM FINANCE DEPTT, DISPUR, GHY- Advocate for the Petitioner : MR.M K CHOUDHURY Advocate for the Respondent : SC, FINANCE BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH