Abu Bakkar Siddique v. The State of Assam and 6 Ors

ORDER

01.12.2023 Heard Mr. M.A.I Hussain, learned counsel for the petitioner. Also heard Mr. P. Handique, learned Standing Counsel, P&RD Department.

¶2The learned counsel for the petitioner submits that the petitioner is appointed and working as Tax Collector on casual basis in the Gaon Panchayat under the jurisdiction of the respondent No. 7, prior to 01.09.2005. The petitioner's case is that even though he has been working as Casual Workers Page No.# 3/4 prior to 01.09.2005, his name is not included in the Pre Assam Fiscal Responsibilities Budget Management (AFRBM) list.

¶3The petitioner's 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".

¶4It is submitted on behalf of the petitioner that his name should be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020.

¶5Mr. P. Handique, learned counsel appearing for the respondent Nos. 1, 2, 4 & 5 submits that the respondent authorities would have to verify the appointment order of the petitioner 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.

¶6Upon consideration of the rival submissions, it is seen 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 petitioner is given the liberty to file individual representation, annexing his appointment order, within a period of 2 (two) weeks from today. The representations should be addressed to the respondent No. 3, who shall thereafter examine the petitioner's representations and take a decision on the same, as to whether the petitioner can be included in the Pre-Assam Fiscal Responsibilities Budget Management (AFRBM) list prepared by the Department on 01.01.2020. Page No.# 4/4

¶7The 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 representation submitted by the petitioner.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010264082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6910/2023o ABUoBAKKARoSIDDIQUEo S/OoNURoISLAM,oAoR/OoVILL-oBARCHAPORI,oP.O.-MOIRABARI,oP.S.- MOIRABARI,oDIST-MORIGAONo(ASSAM),oWORKINGoASoTAXoCOLLECTORo INoTHEoOFFICEoOFoTHEoBARCHAPORIoG.P.oUNDERoMOIRABARIo DEVELOPMENToBLOCK VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPANCHAYAToANDoRURALoDEVELOPMENTo DEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENT oASSAM oPANJABARI oJURIPAR oGUWAHATI-37 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 4:THEoJOINToDIRECTOR oOFFICEoOFoTHEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENT oASSAM oPANJABARI oJURIPAR Page No.# 2/4 GUWAHATI-37 5:THE CHIEF EXECUTIVE OFFICER MORIGAON ZILLA PARISHAD P.O. P.S. AND DIST- MORIGAON ASSAM PIN-782105 6:THE EXECUTIVE OFFICER MOIRABARI ANCHALIK PANCHAYAT -CUM- BLOCK DEVELOPMENT OFFICER MOIRABARI DEVELOPMENT BLOCK P.O.-MOIRABARI ASSAM 7:THE BORCHAPORI GAON PANCHAYAT TO BE REPRESENTED BY THE SECRETARY OF THE SAID GAON PANCHAYAT VILL-BORCHAPORI P.O. AND P.S.-MOIRABARI DIST-MORIGAON ASSA Advocate for the Petitioner : MR. M A I HUSSAIN Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA