Back
2023 Supreme(Online)(GAU) 3595
GAHC010260702017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8034/2017 PROJEN TERANG and 20 ORS.
C/O BABURAM TERANG, VILLAGE PABHOI PATHAIJAN, P.O. PABHOI, PIN
784174, DISTRICT BISWANATH, ASSAM.
2: ARUN HARPAL S/O. SRI GOYADHAR HARPAL VILLAGE DHULLIE T.E.
P.O. PAVOI P.S. BISWANATH PIN 784174 DISTRICT BISWANATH ASSAM.
3: MRS. MADINA BEGUM W/O. MD. ABDUL JABAR VILLAGE 1 NO. DERING PATHAR P.O. PAVOI P.S. BISWANATH PIN 784174 DISTRICT BISWANATH ASSAM.
4: MRS. SUNITA TIRKEY C/O SRI ARUP TIRKEY VILLAGE DHULLIE KUHIARBARI P.O PAVOI P.S. BISWANATH PIN 784174 DISTRICT BISWANATH
5: SRI ANIL MAHANANDA C/O. SRI ASAMLAL MAHANANDA VILL. DERING T.R. P.O. PAVOI P.S. BISWANATH PIN-784174 DIST. BISWANATH ASSAM.
6: MRS. PANCHAMI BIVAR W/O. SRI MONGLU BIVAR VILL. DHULLIE T.E.
P.O. PAVOI P.S. BISWANATH PIN-784174 DIST. BISWANATH ASSAM.
7: MRS. ANITA BIVAR C/O. SRI RAM BIVAR VILL. DHULLIE T.E. P.O. PAVOI P.S. BISWANATH PIN-784174 DIST. BISWANATH ASSAM.
8: ANIL BARLA C/O. LT. TEUFIL BARLA VILL. BIJOYPUR P.O. PAVOI P.S. BISWANATH PIN-784174 DIST. BISWANATH ASSAM.
9: MS. ROJINA KHATUN VILL. BOLODANGA P.O. SAKOMATHA DIST. BISWANATH
10: ANANDA MUNDA VILL. BORPUKHURI BAGAR P.O. KUWARI PIN-784176 DIST. BISWANATH ASSAM.
11: SMT. SIMA PROJA VILL. BORPUKHURI BAGAN P.O. KUWARI PIN-784176 DIST. BISWANATH ASSAM.
12: RAJU MUDDI VILL. BAMUNIPATHAR P.O. PAVOI PIN-784174 DIST. SONITPUR/BISWANATH ASSAM.
13: RABINATH KHODAL VILL. BORPUKHURI BAGAN P.O. KUWARI PIN-784176 DIST. SONITPUR/BISWANATH ASSAM.
14: JUNMONI BAROI VILL. RONGAMURI P.O. PAVOI PIN-784174 DIST. SONITPUR/BISWANATH ASSAM.
15: MADHUMATI TANTI VILL. BORPUKHURI BAGAN P.O. KUWARI PIN-784176 DIST. SONITPUR/BISWANATH
16: ANU BANIYA VILL. BORPUKHURI BAGAN P.O. KUWARI PIN-784176 DIST. SONITPUR/BISWANATH ASSAM.
17: JONALI MAJHI VILL. BORPUKHURI BAGAN P.O. KUWARI PIN-784176 DIST. SONITPUR/BISWANATH ASSAM.
18: SRI KHIRAM RONGFAR S/O. SARIKH RONGFAR VILL. NONKE SAMUKJULI P.O. TINISUTI PIN-784173 DIST. BISWANATH ASSAM.
19: KUNTI ORIA W/O. ROBI ORIA VILL. PABHOI T.E.
P.O. PABHOI PIN-784174 DIST. BISWANATH ASSAM.
20: SRI SOSIKAPUR TANTI S/O. LT. KARNO TANTI VILL. PABHOI T.E.
P.O. PABHOI PIN-784174 DIST. BISWANATH ASSAM.
21: DHONRAJ BONGRUNG S/O. LT. BATIRAM BONGRUNG VILL. NHARBARI SAMUKJULI P.O. TINISUTI PIN-784173 DIST. SONITPUR/BISWANATH VERSUS THE STATE OF ASSAM and 5 ORS.
SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
JURIPAR PANJABARI GUWAHATI-37.
3:THE DEPUTY COMMISSIONER SONITPUR DISTRICT ASSAM.
4:THE DEPUTY COMMISSIONER BISWANATH DISTRICT ASSAM.
5:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD MAIN RD MAHABHAIRAB TEZPUR DISTRICT SONITPUR ASSAM PIN 784001.
6:THE BLOCK DEVELOPMENT OFFICER SAKOMATHA BLOCK BISWANATH ASSAM PIN 784176 For the Petitioner(s) : None appears.
For the Respondent(s) : Mr. P. Handique, Advocate.
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 11-10-2023 The instant writ petition has been filed by the Petitioners being aggrieved by the inaction on the part of the Respondent Authorities in not making payment of their allowances/honorarium which they are legally entitled to under the provisions of the Assam Panchayat Act of 1994 and the Assam (Panchayat)
Administrative Rules, 2002.
2. Mr. P. Handique, the learned counsel appearing on behalf of the P & RD Department submits that the issue involved in the instant writ petition had already been settled by this Court in its judgment rendered in the case of Poli Nagbongshi and Ors. Vs. State of Assam and Anr. reported in 2023 SCC Online Gau 1323/2023 (2) GLT 605.
3. This Court have duly perused the said judgment and from a perusal thereof, it reveals that it was held by this Court that the Petitioners therein who were members of the Panchayat Raj Institution were legally entitled to the monthly allowances as well as the other allowances by virtue of the Assam Panchayat Act of 1994 and the Assam (Panchayat) Financial Rules, 2002. Under such circumstances, this Court directed the State of Assam and more particularly the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department to verify the claims of the Petitioners therein as regards their respective entitlements only insofar as the quantum is concerned and upon verification, to make payment to the Petitioners therein as per their entitlement. This Court further directed that for the purpose of making payment, if there is any requirement to take necessary concurrence from the other authorities like the Finance Department, the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department shall do the needful. Further to that, this Court also had directed the Commissioner and Secretary to the Government of Assam, Finance Department to do the needful so that the entitlement of the Petitioners therein were paid by according necessary approvals and releasing the funds.
4. Taking into account that the issues involved in the instant proceedings are similar to the issues which were dealt with by this Court in the case of Poli NagBongshi (supra), this Court also disposes of the writ petition directing the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department to verify the claims of the Petitioners herein as regards their respective entitlements only insofar as the quantum is concerned and upon verification, to make payment to the Petitioners as per their entitlement within 6 months from the date a certified copy of the instant order is served upon the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department. This Court also directs the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department to obtain necessary concurrence from the other Authorities like the Finance Department, if so required. The Commissioner and Secretary to the Government of Assam, Finance Department is also directed to accord the necessary approvals if the Petitioners are found entitled to any amount upon necessary verification as directed hereinabove.
6. With the above observations and directions, the petition stands disposed of.
