Hafizul Rahman and 9 Ors v. The State of Assam and 4 Ors

O R D E R

11.12.2023

Heard Mr. T. Dewan, learned counsel for the petitioners and Mr. N. K. Dev Nath, learned Standing Counsel appearing on behalf of the P&RD Department as well as Mr. R. Borpujari, learned Standing Counsel appearing on behalf of the Finance Department. The learned counsel for the petitioners submits that the petitioners are appointed and working as LDA/Office Peon/Tax Collector on casual basis in different Gaon Panchayats under the jurisdiction of the respondent No. 4, prior to 01.09.2005. The petitioners' case is that even though they have been working as Casual Workers prior to 01.09.2005, their names are not included Page No.# 4/5 in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list. The petitioners' counsel submits that those persons, whose names are included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list, prepared by the Department on 01.01.2020, are entitled to the benefits of minimum regular scale of pay, in terms of the Judgment & Order dated 08.06.2017 passed by the Division Bench of this Court in W.A. No. 45/2014, "State of Assam & Ors. Vs. Sh. Upen Das & 836 Ors". It is submitted on behalf of the petitioners that their names should be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020. Mr. N. K. Dev Nath, learned counsel appearing on behalf of the P&RD Department submits that the respondent authorities would have to verify all the appointment orders of the petitioners and also take the approval of the Finance Department for inclusion of their names in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list, provided they survive the scrutiny. On considering the fact that the present issue involves disputed questions of fact, this Court is of the view that the matter should be decided by the respondent authorities. Accordingly, the petitioners are given the liberty to file individual representations, annexing their appointment orders, within a period of 2 (two) weeks from today. The representations should be addressed to the respondent No. 3, who shall thereafter examine the petitioners' representations and take a decision on the same, as to whether the petitioners can be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on

01.01.2020. 7 Page No.# 5/5 The entire exercise should be carried out within a period of 6 (six) months from the date of receipt of a certified copy of this order along with the individual representations submitted by the petitioners. The writ petition is accordingly disposed of

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010221902023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6454/2023o HAFIZULoRAHMANoANDo9oORSo S/OoABDULoAWALoHOQUE,oR/OoVILL-SATSIAoKHAMAR,oP.O.-KHALISAo BHITA,oDIST-GOALPARA,oASSAM 2:oAKRAMoHUSSAIN oS/OoAMIRoHUSSAIN oR/OoVILLoANDoP.O.-KOLSIRVITA oDIST-GOALPARA oASSAM 3:oMOZIBARoRAHMAN oS/OoKAMALoUDDIN oR/OoVILLoANDoP.O.-KOLSIRVITA oDIST-GOALPARA oASSAM 4:oMONOWARoHUSSAIN oS/OoABDULoHOQUE oR/OoVILL-SAILDHORA oP.O.-TULSIBARI oDIST-GOALPARA oASSAM 5:oSHONSERoALI oS/OoNABABoALI oVILL-KULSABHANG oP.O.-CHANAN oDIST-GOALPARA oASSAM 6:oSANOWARoHUSSAIN oS/OoAMIRoALI oVILL-SOPARIVITA oP.O.-TULSHIBARI PageoNo.#o2/5 oDIST-GOALPARA oASSAM 7:oMAZNUoHOQUE oS/OoSOYODoALI oVILL-KULSABANGA oP.O.-CHUNARI oDIST-GOALPARA oASSAM 8:oIBRAHIMoALI oS/OoSAGORoALI oVILL-DIALDORA oP.O.-CHUNARI oDIST-GOALPARA oASSAM 9:oASHRAFULoISLAM oS/OoSHERoALI oVILL-SUPARIVITA oP.O.-TULSIBARI oDIST-GOALPARA oASSAM 10:oWAHEDURoRAHMAN oS/OoPASHANoUDDINoAHMED oVILL-BARBHITA oP.O.-KHANGRA oDIST-BARPETA oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo THROUGHoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,o GUWAHATI-781006 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oASSAM oPANJABARI oJURIPAR Page No.# 3/5 GUWAHATI-37 4:THE JOINT DIRECTOR OFFICE OF THE COMMISSIONERATE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-781037 5:THE CHIEF EXECUTIVE OFFICER GOALPARA ZILLA PARISHAD P.O.-GOALPARA DIST-GOALPARA ASSA Advocate for the Petitioner : MR S DAS Advocate for the Respondent : SC, P AND R.D. BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA