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2023 Supreme(Gau) 28

DEVASHIS BARUAH
Poli Nagbongshi, wife of Horeswar Nagbongshi – Appellant
Versus
State Of Assam, Represented by The Principal Secretary To The Government Of Assam, Panchayat And Rural Development Department, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. P. Sarmah, Mr. M. Khan, Ms. C. M. Deka, Mr. H. I. Choudhury, Mr. A. Roshid, Mr. M. K. Hussain, Mr. S. H. Rahman, Mr. A. F. N. U. Mollah, Md. A. Rashid, Mr. M. Kalita, Mr. R. Ali, Mr. P. Hazarika, Mr. M. Hussain, Mr. F. Haque, Mr. A. K. Sarma, Mr. D. Kalita, Mr. P. Hazarika, Mr. R. Islam, Mr. A.H.M.R. Choudhury, Dr. P. K. Goswami, Mr. A. Rahman, Mr. M. K. Boro, Mr. A. T. Sarkar, Mr. B. J. Ghosh, Mr. N. Upadhyay, Mr. HR Choudhury.
For the Respondents: Mr. P. Nayak, Standing Counsel, Finance Department and Mr. K. Konwar, Standing Counsel, P&RD Department.

JUDGMENT :

1. Heard the learned counsel appearing on behalf of all the petitioners in the batch of the writ petitions. I have also heard Mr. P. Nayak, the learned Standing Counsel for the Finance Department as well as Mr. K. Konwar, the learned Standing Counsel, P&RD Department.

2. The dispute in the instant writ petitions relates to non-payment of the remuneration dues of the PRI members, who are the petitioners in the batch of writ petitions whose term ended in March, 2018.

3. It appears from Sections 12 (2), 39 (2) and 71 of the Assam Panchayat Act, 1994 (for short, the Act of 1994) that the Presidents, Vice- Presidents and other members of the Gaon Panchayat, Anchalik Panchayat and Zilla Parishad respectively are entitled to receive certain allowances as may be prescribed in terms with the same and by virtue of Section 141 of the Act of 1994, the Assam Panchayat (Administrative) Rules, 2002 (for short, the Rules of 2002) was made by the State Government. In terms with Rules 13, 14 & 15 of the Rules of 2002, the Presidents, Vice-Presidents as well as each members of the Zilla Parishad, Anchalik Panchayat and Gaon Panchayat have been held to be entitled to certain monthly remunerat

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