Hemanta Gogoi and 42 Ors v. The State of Assam and 3 Ors

ORDER 13-05-2024 Heard Shri I. H. Saikia, learned counsel for the petitioners whereas the Department of Agriculture is represented by Ms. R. Bora. Shri P. Nayak, learned Page No.# 9/12 Standing Counsel appears for the Finance Department.

¶2This matter was considered at length on the last occasion i.e. 25.04.2024 when the following order was passed:- " Heard Shri IH Saikia, learned counsel for the petitioners.

¶2The petitioners who are 43 in numbers are making a claim of payment of their wages in lieu of services rendered as Muster Roll Workers in the Agriculture Department. It is submitted that the petitioners were inducted in the services during the period 1993-96 and were getting their regular salaries. However in the year 2004 the Farms wherein the petitioners were working were leased out by the Government and thereafter the petitioners were engaged under different Block Agriculture Officers and District Agriculture Officers. The wages have however not been paid since 2004.

¶3The petitioners had approached this Court earlier by filing writ petitions including WP(C)/4179/2014 wherein there were directions to examine the claims. It is submitted that though a finding was given that there were no authentic documents, there was also an admission that because of the flood, the documents could not be retrieved. Be that as it may, the claims were rejected vide an order dated 16.08.2018 which is the subject matter of challenge.

¶4The petitioners have relied on two documents annexed at pages 142 and 143 of the writ petition and has submitted that there is an admission by the Director of Agriculture regarding their continuous service.

¶5Ms. R. Bora, learned Standing Counsel, Agriculture Department has however submitted that the authenticity of the said documents have been doubted and the said stand has been categorically taken in the additional affidavit filed on 11.08.2023 by the respondent no. 2. By referring to the pleadings made in paragraphs 6 and 7, the learned Standing Counsel has also referred to two documents annexed as Annexure IV and V and has submitted that so called admission by the Director of Agriculture pertains to 7 nos. of other Muster Roll Workers and there has been a fabrication of the documents.

¶6Shri Saikia, learned counsel for the petitioners however submits that such allegations are incorrect which is also substantiated by the statements made in the additional affidavit that further verification would be required.

¶7To quell any doubts, the learned Standing Counsel, Agriculture Department is directed to obtain the concerned records from the Office of Page No.# 10/12 the Agriculture Officer pertaining to issuance of the letter Nos. DBR/Agri/MR/2017-18/48

dated

09.01.2018

as

well

as DBR/Agri/MR/2017-18/49 dated 09.01.2018. Clarifications / instructions is also directed to be taken towards issuance of letter No. Agri/Esstt./8105/2014-15/231 dated 28.12.2017 said to be issued by the Director of Agriculture, Assam.

¶8As requested, list this case on 13.05.2024.

¶9It is made clear that if the allegation of fabrication appears to be prima facie substantiated, this Court would pass appropriate directions including lodging of criminal proceeding."

¶3In accordance with the aforesaid direction, the records in original of the Office of the Directorate as well as the Issue Register of the Dibrugarh District Office have been produced.

¶4So far as the controversy regarding the aforesaid two letters mentioned in paragraph 7 of the earlier order is concerned, this Court has noticed that apart from the mention of a date by the District Office, it appears that separate letters were issued by the Directorate with regard to 7 numbers and 43 numbers of Muster Roll Workers. While the letter pertaining to 7 numbers of Muster Roll Workers is numbered Agri/Esstt/8105/2014-15/228 dtd.15.12.2015, the one pertaining to 43 Muster Roll Workers is numbered Agri/Esstt/8105/2014-15/231 dtd.28.12.2017. It is the second letter wherein the date has been wrongly written as 15.12.2017 in the reply communication made by the District Agriculture Officer dtd. 09.01.2018.

¶5The controversy however would not end with that. This Court has verified from the record that a communication number JDA(ER-II)/Tsk/Esstt-C/NR/2017/97 dtd. 01.12.2017 was made by the Joint Director of Agriculture, Tinsukia on the subject of 50 numbers of Muster Roll Workers. In the said communication made to the Director, a clear distinction was made between 7 Page No.# 11/12 numbers of Muster Roll Workers who were stated to be serving the Department, though without any remuneration and the remaining 43 were placed in various offices of the district like BAO Offices, farms which are no longer in existence. It appears that without properly taking into consideration the findings given in the said communication dated 01.12.2017, the Director of Agriculture had issued two letters, one for 7 numbers of Muster Roll Workers who were stated to be working and the other for 43 numbers of Muster Roll Workers (petitioners) who were stated to be not working.

¶6Shri Saikia, the learned counsel for the petitioners on a specific query regarding their continuous service has referred to the averments made in paragraph-4 of the writ petition, more specifically the last sentence which reads as follows:-

"On the other hand, all the petitioners are working continuously under the respondent authorities."

¶7This Court has however on examination has found that the said averment has been verified in the affidavit as being true to the information derived from the records.

¶8A writ proceeding, unlike a civil proceeding does not have the procedure for adducing evidence through witnesses and cross-examination and therefore the affidavit accompanying the writ petition is of paramount importance. This Court is of the opinion that a communication wrongly issued by one of the authorities, which is clearly contrary to the materials, will not bestow any right to the petitioners who claim the benefit of regularization of service. Page No.# 12/12

¶9Shri Saikia, the learned counsel for the petitioners has tried to rely upon a communication dated 09.04.2018 contending that the position has been explained. However, on a close perusal, this Court has noticed that the said communication has been issued by one Officer after his retirement and there was also no occasion for issuing the same. Therefore, the said communication cannot be taken cognizance of.

¶10This Court is therefore of the opinion that the petitioners have failed to make out any grounds for interfering with the impugned order dated 16.08.2018 passed by the Director whereby the claim of the petitioners for payment of the wages has been rejected. As there is nothing on record to suggest that the petitioners were rendering their service, the aforesaid claim appears to have been rightly rejected.

¶11Writ petition accordingly stands dismissed.

¶12The records are handed over back to the learned Standing Counsel. JUDGE Comparing Assistant

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