Gauhati High Court
Page No.# 1/4 vs The Union Of India And 6 Ors on 2 September, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010188102020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5611/2020
ZENITH CAREER ACADEMY, NGO AND ANR
REP. BY ITS SECRETARY SRIMATI BARNALI DAS, HAVING ITS OFFICE AT
HOUSE NO. 35, NATUN SARANIA-GANDHI BASTI, SILPUKHURI,
GUWAHATI, KAMRUP(M), ASSAM.
2: SRIMATI BARNALI DAS
W/O- SRI HARA KUMAR KALITA
R/O- HOUSE NO. 35
BY LANE NO.
NATUN SARANIA
GANDHIBASTI
P.O. SILPUKHURI
PIN- 781003
DIST.- KAMRUP(M)
ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT,
DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING, GOVT. OF
INDIA, NEW DELHI.
2:THE STATE OF ASSAM
REP. PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF
LABOUR AND EMPLOYMENT
GUWAHATI
DISPUR- 781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF LABOUR AND EMPLOYMENT
GUWAHATI
DISPUR- 781006.
Page No.# 2/4
4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
SKILLED
EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT
GUWAHATI
DISPUR- 781006.
5:THE DIRECTOR
EMPLOYMENT AND CRAFTSMAN TRAINING
ASSAM
REHABARI
GUWAHATI- 781008
DIST.- KAMRUP(M)
ASSAM.
6:THE JOINT DIRECTOR OF CRAFTSMAN TRAINING
DIRECTORATE OF EMPLOYMENT AND CRAFTSMAN TRAINING
ASSAM
REHABARI
GUWAHATI-08.
7:THE DEPARTMENT OF FINANCE
REP. BY THE PRINCIPAL SECRETARY
GUWAHATI
DISPUR- 781006
Advocate for the Petitioner : MR R SINGHA
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
02.09.2021 Heard Mr. R. Singha, the learned counsel for the petitioner. Also heard Ms. N. Bordoloi, the learned Standing Counsel for the Finance Department, Mr. S. P. Das, the learned Standing Counsel for the Employment and Craftsman Training representing the respondent No. 5, Mr. B. Sarma, the learned counsel appearing Page No.# 3/4 on behalf of Mr. K. K. Parashar, the learned CGC representing the respondent No. 1 and Mr. J. Handique, the learned State Counsel, Assam representing the respondent No. 3.
The petitioner is a registered Vocational Training Provider (VTP) in E- procurement system for implementation of Skill Development Initiative Scheme (SDIS) based on Modular Employable Skills (MES) under the respondent No. 5. The Government of India allotted funds to the State Government for implementation of Skill Development in Initiative Scheme based on MES and in the State of Assam, the said scheme is being implemented by the respondent No. 5. The respondent No. 5 vide letter dated 30.11.2012 allotted the approval to the petitioner for following courses namely (i) Garment Making; (ii) Information and Communication Technology. After providing the training facilities in batches, the petitioner submitted a bill amounting Rs. 44,06,970/- out of which a sum of Rs. 14,63,040/- was paid by the respondent authority leaving aside the remaining balance amount of Rs. 29,43,930/-. Being aggrieved for non release of the said amount, the petitioner has filed this writ petition.
Mr. Singha, the learned counsel for the petitioner referred to an order dated 30.07.2021 passed in WP(C)/4709/2020 and prayed for a similar order as the present writ petition is analogous to the WP(C)/4709/2020. The learned counsel for the respondents have gone through the said order dated 30.07.2021 and accordingly submitted that the present writ petition can also be disposed of with a similar direction passed in WP(C)/4709/2020 vide order dated 30.07.2021.
Upon consideration of the submissions made by the learned counsel and on perusal of the writ petition and being satisfied in respect of the analogous nature of the present writ petition with WP(C)/4709/2020, I am satisfied to Page No.# 4/4 dispose of this writ petition with a direction to the respondent No. 5 to verify the claim made by the petitioner in this writ petition and if after verification, the petitioner is found entitled to the amount claimed in this writ petition to the extent of Rs. 29,43,930/- necessary steps shall be taken by the respondent No. 5 for release of the said amount or any other amount if due to the petitioner. The entire exercise shall be carried out and completed preferably within a period of three months from the date of receipt of the certified copy of this order.
With the said observation and directions, this writ petition stands disposed of.
JUDGE Comparing Assistant