Ebadur Rahman v. The State of Assam and 5 Ors

ORDER

09.04.2024 Heard Mr. G. Uddin, 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 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 P&RD submits that the respondent authorities will have to verify the appointment order of the petitioner and also take the approval of the Finance Department for inclusion of Page No.# 4/4 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 since the present issue involves disputed questions of fact, this Court is of the view that the matter should be decided by the respondent authorities by examining the individual claims. 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. 2, who shall thereafter examine the petitioner's claims and thereafter 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.

¶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 GAHC010284272023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7438/2023o EBADURoRAHMANo S/O-oLATEoABDULoJALIL,o VILLAGEoANDoP.O.-oGOPALNAGAR,o P.S.oANDoDISTRICT-oHOJAI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oPANJABARI oGUWAHATI-37. 4:THEoCHIEFoEXECUTIVEoOFFICER oHOJAIoZILLAoPARISHAD oP.O.oANDoDISTRICT-oHOJAI oASSAM o PIN-o782435. 5:THEoBLOCKoDEVELOPMENToOFFICER oBINNAKANDIoDEVELOPMENToBLOCK Page No.# 2/4 P.O.- BINNAKANDI DISTRICT- HOJAI ASSAM PIN- 782435. 6:THE SECRETARY GOPALNAGAR GAON PANCHAYAT VILLAGE AND P.O.- GOPALNAGAR DISTRICT- HOJAI ASSAM PIN- 782435 Advocate for the Petitioner : G UDDIN Advocate for the Respondent : SC, P AND R.D. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA