JUDGMENT :

Heard Mr. K.R. Patgiri, the learned counsel appearing on behalf of the petitioners and Mr. J.K. Goswami, the learned Additional Senior Government Advocate appearing on behalf of the respondent No.1. I have also heard Mr. A. Kalita, the learned Standing counsel appearing on behalf of the respondent Nos. 2 and 3 and Mr. P. Nayak, the learned Standing counsel appearing on behalf of the respondent No.4 and Mr. A. Jahid, the learned Standing counsel appearing on behalf of the respondent No.5.

2. The instant writ petition has been filed by the petitioners seeking a writ of Mandamus directing the respondents to pay (a) House Rent Allowances, (b) Medical Allowances, (c) Bonus (20% w.e.f. 1990 to 2007 as per Bonus Act), (d) Unpaid arrear salary w.e.f. November, 1993 to April, 1994, (d) Arrear salaries as per revised scale of pay as per ROP 2006 w.e.f. 01.01.2006 to 28.06.2007 and (f) Remaining ex-gratia for 30 days per year on completed year of service to the members/predecessors of the members of the petitioners’ association.

3. The facts of the instant case in brief is that the members of the petitioners’ association were employees under the Assam State Textile Corporation Ltd, a State Government undertaking. Admittedly, the Mill has not been functioning since 1993. However, on account of the ADB’s Assam Governance and Public Resource Management Programme (AGMPRP) - Reform of Public Sector Enterprises, it was decided that a policy on Voluntary Retirement Scheme for the employees of the State Level Public Enterprises of Assam be given to those employees for implementation of the Voluntary Retirement Scheme in the State Level Public Enterprises of Assam. The said policy was notified by the Government of Assam, Department of Public Enterprises, vide a notification bearing No.PE.4/2006/28, dated 15.02.2006. The entitlements in terms with the notification were (a) Ex-gratia of 15 days pay (Basic Pay + Dearness Allowance) only against each completed year of service rendered or for the months of service left whichever is less, (b) Cash payment for unutilized leave for a maximum period of 240 days (Basic Pay + Dearness Allowance only), (c) Balance of Contributory Provident Fund (CPF) dues payable as per the Regulation of the CPF, (d) Gratuity as per Gratuity Act, (e) Unpaid salary/wages (Basic Pay + Dearness Allowance) up to the date of acceptance of VRS by the employee and (f) savings of Group Insurance Scheme.

4. It is an admitted fact that the members of the petitioner No.1’s association had applied for VRS in terms with the said Scheme and the VRS was approved w.e.f. 28.06.2007. Subsequent thereto, sometime in the year 2010, the members of the petitioners’ association were made payments in terms with the said notification dated 15.02.2006. Admittedly, the members of the petitioners’ association had accepted the same without any demur or objection. However, subsequently, the members of the petitioners’ association realized that they were further entitled to certain other amounts for which the petitioners’ association submitted representations before various authorities claiming the additional amounts to which the members of the petitioners’ association were entitled to. However, by the communication dated 26.12.2012, the Deputy Secretary to the Government of Assam, Industries and Commerce Department had rejected the said representations stating inter alia that the same cannot be considered as per the existing legal provisions and advised the General Secretary of the petitioner No.1’s association to approach other appropriate authority if still aggrieved. It is under such circumstances that the instant writ petition was filed seeking for the Mandamus as already referred to hereinabove.

5. This Court vide an order dated 30.05.2014 had issued notice. The record reveals that the respondent No.3 as well as the respondent No.5 had filed affidavits-in-opposition.

6. In terms with the affidavits-in-opposition filed by the respondent No.3, i.