The State Government is not obligated to provide funds for the salaries of ASCU employees or grant-in-aid to ASCU, as ASCU is not an authority or instrumentality of the State under Article 12 of the Constitution of India.

JUDGMENT :

[Kardak Ete, J.]

Since both the Writ Appeals involves same question of facts and law, the Writ Appeals are disposed of by this common judgment and order.

2. Heard Ms. N. Saikia, learned Counsel representing the appellants in both the Appeals. Also heard Mr. G. Bordoloi, learned Standing Counsel for the Co-Operative Department representing the respondents No.1 & 2, Mr. J. Barman, learned Counsel appearing on behalf of Mr. J.K. Goswami, learned Counsel representing the respondents Nos.3 & 4 and Mr. P. Nayak, learned Standing Counsel for the Finance Department, Government of Assam representing the respondent No.5.

3. These intra-Court Appeals have been preferred by the appellants against the common judgment and order dated 25.04.2019, passed by the learned Single Judge in WP(C) No.2971/2012 (against which the Writ Appeal No.05/2022 has been preferred) and WP(C) No.2047/2017 (against which the Writ Appeal No.168/2019 has been preferred) respectively, along with WP(C) No.2556/2012, WP(C) No.2622/2013 and WP(C) No.812/2013, whereby the prayer of the petitioners (present appellants) for a direction to the State respondents for payment of monthly salary and other emoluments, as revised from time to time and to continue to provide grant-in-aid has been rejected by holding that the petitioners being employees of the Assam State Cooperative Union (in short ‘the ASCU’), which is a registered Cooperative Society would not be entitled to a writ in the nature of Mandamus against the State Government. The learned Single Judge has held that the Writ Petition is not maintainable against the State respondent and it would not be appropriate to issue Mandamus upon the State of Assam.

4. The case of the appellants, shorn of unnecessary details, in brief, may be narrated as under:

The appellants are working as District Co-Operative Education Development Officer (DCEDO) in the ASCU, which organization was sponsored and financed by the Government of Assam for promotion of Co-Operative education, training, publicity and propaganda work throughout the State of Assam. Since its inception in the year 1955-56, the Government of Assam has been providing financial assistance to the ASCU for smooth implementation of the above mentioned schemes. But in spite of discharging equal and similar kind of duties, the appellants are deprived of their legitimate scale of pay as received by their Senior counterparts. Although the budget proposal for the employees of SCU for salary and allowances. have been forwarded to the Registrar of Cooperative Societies, Assam by the CEO, ASCU, same has not been sanctioned timely. The appellants approached this Court earlier by filing Writ petition being WP (C) 7086/2005 wherein vide Order dated 24.02.2006 a direction was issued for payment of salary of employees of the ACSU. The appellants contended that despite such order of this Court, the respondent authorities have not paid the salaries to the appellants regularly. Being aggrieved by the inaction of the respondent authorities for payment of regular salary, the appellants again approached this Court by filing the WP(C) No.2971/2012 and WP(C) No.2047/2017 respectively, praying for payment of regular salary including the revised salary as per resolution dated 28.12.2006 taken by the President of ASCU by providing grant-in-aid.

5. The learned Single Judge, after hearing the parties and on consideration of materials available on record, has dismissed the writ petitions (supra) and other analogous batch of writ petitions by the impugned judgement and order dated 25.04.2019. Hence, being aggrieved by the impugned judgement and order dated 25.04.2019, the appellants have preferred the present Appeals.

6. Ms. N. Saikia, learned counsel for the appellants submits that the principle of per incurium cannot be drawn since the judgment and order dated 24.02.2006 of the learned Single Judge in WP(C) No.7086/2005 has been confirmed by the Division Bench. Unless a Higher Court or Full