GAHC010251112025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/3705/2025

SRI BIKASH CHOUDHURY

S/O- DHARANI DHAR CHOUDHURY, R/O- H.NO-82, BHETAPARA CHARIALI,

HARIDEV ROAD, P.O- BELTOLA, P.S- BASISTHA, GUWAHATI-28, ASSAM

2: SAURAV DAS

S/O- LATE PRADIP DAS

R/O- VILLAGE- PUB SALMARA

P.O- PHULAGURI

P.S- RAHA NAGAON

PIN-782103

ASSAM

3: HEMANTA SAIKIA

S/O-PURNESWAR SAIKIA

R/O- VILLAGE- KHAMJONGIA

P.O- KACHUKHAT

P.S- TITABAR

NAGAON

PIN-785633

ASSA

VERSUS

THE STATE OF ASSAM

REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM,

DISPUR, GUWAHATI-06, KAMRUP METRO, ASSAM

2:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

DEPARTMENT OF AGRICULTURE

DISPUR

GUWAHATI-06 KAMRUP METRO ASSAM

3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI-06 KAMRUP METRO ASSAM

4:THE DIRECTOR AGRICULTURE DEPARTMENT KHANAPARA GUWAHATI-22 KAMRUP METRO ASSAM

5:THE ASSAM STATE AGRICULTURAL MARKETING BOARD REP. BY ITS CHAIRMAN OFFICE ADDRESS-

RAMKRISHNA MISSION ULUBARI GUWAHATI-07 DIST- KAMRUP(M)

ASSAM

6:THE CHIEF EXECUTIVE OFFICER ASSAM AGRICULTURAL MARKETING BOARD OFFICE ADDRESS-

RAMKRISHNA MISSION ULUBARI GUWAHATI-07 DIST- KAMRUP(M)

ASSA Advocate for the Petitioner : MR. H BURAGOHAIN, M BURAGOHAIN,MS A DEVI,MS. H BORAH,MR. C AGARWAL,MS. S NATH Advocate for the Respondent : GA, ASSAM, SC, AGRICULTURE MARKETING BOARD.,SC, AGRI. DEPARTMENT,MR. N J GOGOI Linked Case : WP(C)/6327/2024 BIKASH CHOUDHURY AND 2 ORS S/O- DHARANI DHAR CHOUDHURY R/O- H.NO-82 BHETAPARA CHARIALI HARIDEV ROAD P.O- BELTOLA P.S- BASISTHA GUWAHATI-28 ASSAM

2: SAURAV DAS S/O- LATE PRADIP DAS R/O- VILLAGE- PUB SALMARA P.O- PHULAGURI P.S- RAHA NAGAON PIN-782103 ASSAM

3: HEMANTA SAIKIA S/O-PURNESWAR SAIKIA R/O- VILLAGE- KHAMJONGIA P.O- KACHUKHAT P.S- TITABAR NAGAON PIN-785633 ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 KAMRUP METRO ASSAM

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI-06 KAMRUP METRO ASSAM

3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI-06 KAMRUP METRO ASSAM

4:THE DIRECTOR AGRICULTURE DEPARTMENT KHANAPARA GUWAHATI-22 KAMRUP METRO ASSAM

5:THE ASSAM STATE AGRICULTURAL MARKETING BOARD REP. BY ITS CHAIRMAN OFFICE ADDRESS-

RAMKRISHNA MISSION ULUBARI GUWAHATI-07 DIST- KAMRUP(M)

ASSAM

6:THE CHIEF EXECUTIVE OFFICER ASSAM AGRICULTURAL MARKETING BOARD OFFICE ADDRESS-

RAMKRISHNA MISSION ULUBARI GUWAHATI-07 DIST- KAMRUP(M)

ASSAM ------------

Advocate for : MR. H. BURAGOHAIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

10.12 .2025 Heard Mr. H. Buragohain, learned counsel for the petitioners. Also heard Mr. N.J. Gogoi, learned Standing Counsel, Agriculture Marketing Board and Ms.

R. Bora, learned Standing Counsel, Agriculture Department.

Mr. N.J. Gogoi, learned Standing Counsel, Agriculture Marketing Board submits that the Government has already initiated the steps and submitted the proposal through the Director of Agriculture Department for re-appropriation of the funds, which are allotted to the Board towards payment for arrear and current salary to the exiting employees namely the writ petitioners. He submits that he would like to bring all these relevant instructions on record by way of filing an affidavit including the status of the proposal thereof. He therefore, prays for 10 days time.

The respondent Agriculture Marketing Board is permitted to file their affidavit to bring on record the steps taken by the respondents in respect of the proposals submitted to the Government for re-appropriation of the amount which was earlier earmarked for payment of salary both current and arrear Mr. H. Buragohain, learned counsel for the petitioners on the other hand submits that the salaries of the petitioners for past 12 months have not been released both arrear and current and therefore, the respondents are to be directed to releas