Gauhati High Court
Jagadish Ch. Roy And 9 Ors vs The State Of Assam And 6 Ors on 20 October, 2020
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/9
GAHC010213482015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6425/2015
1:JAGADISH CH. ROY and 9 ORS.
S/O LT. UTTAM CH. ROY, MILAN NAGAR, WARD NO. 15, P.O. BALADMARI
PIN - 783121, P.S. and DIST. GOALPARA, ASSAM.
2: FAZILA BEGUM
W/O LT. AMANUDDIN AHMED
BHATIPARA
W/NO. 11
P.O. GOALPARA
PIN - 783101
P.S and DIST. GOALPARA
ASSAM.
3: PRABHABATI DAS
W/O LT. GANESH DAS
NEW GOALPARA BIHU FIELD W/NO. 17
P.O. BALADMARI
PIN - 783121
P.S. and DIST. GOALPARA
ASSAM.
4: GIRI BALA DAS
W/O SRI SUBADH CH. DAS TILAPARA
WARD NO. 8
P.O. GOALPARA
PIN - 783101
P.S. and DIST. GOALPARA
ASSAM.
5: SMTI.TRIPTI PATHAK
W/O LT. DAMODAR PATHAK BAMUNPARA
W/O NO. 6
P.O. GOALPARA
Page No.# 2/9
PIN - 783101
P.S. and DIST. GOALPARA
ASSAM.
6: MUNIA SHEIKH
S/O LT. USMAN ALI MOILA PUTA BAZAR
W/NO. 19
P.O. BALADMARI PIN- 783121
P.S. and DIST. GOALPARA
ASSAM.
7: NAIM ALI
S/O LT. AKKESH ALI MOILA PUTA BAZAR
W/NO. 19
P.O. BALADMARI
PIN - 783121
P.S. and DIST. GOALPARA
ASSAM.
8: KAMOR ALI
S/O LT. HAMID SHEIKH W/NO. 19
P.O. BALADMAIR
PIN - 783121
P.S. and DIST. GOALPARA
ASSAM.
9: RANJITA HAJONG
W/O LT. ARJUN HAJONG
PUB-PAHARTOLI
W/NO. 2
P.O. GOALPARA
PIN - 783101
P.S. and DIST. GOALPARA
ASSAM.
10: TAHERA HUSSAIN
W/O LT. MOKHTAR HUSSAIN AMBARI
WARD NO. 4
P.O. GOALPARA
PIN - 783101
P.S. and DIST. GOALPARA
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 6 ORS
REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GUWAHATI-6.
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2:THE PRINCIPAL SECRETARY TO THE
GOVT. OF ASSAM
URBAN DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. FO ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI - 781006
ASSAM.
4:THE DIRECTOR MUNICIPAL ADMINISTRATION
ASSMA
DISPUR
GUWAHATI -6.
5:THE GOALPARA MUNICIPAL BOARD
REP. BY ITS CHAIRMAN
GOALPARA
DIST. GOALPARA
ASSAM
PIN - 783101.
6:THE EXECUTIVE OFFICER
GOALAPRA MUNICIPAL BOARD
DIST. GOALAPRA
ASSAM PIN- 783101
7:THE DEPUTY COMMISSIONER
GOALPARA
DIST. GOALPARA
ASSAM
PIN - 783101
Advocate for the Petitioner : MR.A CHETRY
Advocate for the Respondent : GA, ASSAMR1,2-7
Linked Case : I.A.(Civil) 465/2016
Page No.# 4/9
1:THE EXECUTIVE OFFICER
VERSUS
1:MORJINA BEGUM AND 5 ORS
Advocate for the Petitioner : MR.M ISLAM
Advocate for the Respondent : MR.R HUSSAIN
Linked Case : I.A.(Civil) 234/2016
1:THE EXECUTIVE OFFICER
VERSUS
1:MANJU BEGUM and 3 ORS.
Advocate for the Petitioner : MR.M DUTTA
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4756/2016
1:AKTARA BANU
W/O- LT. HADI HUSSAIN
R/O- HATIPARA
AZAD ROAD TINIALI
WARD NO. 10
DIST.- GOALPARA
ASSAM- 783101.
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VERSUS
1:THE STATE OF ASSAM AND 2 ORS
THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
MUNICIPAL ADMINISTRATION DEPTT.
DISPUR
GHY- 6.
2:THE CHAIRMAN
GOALPARA MUNICIPAL BOARD
P.O.
P.S. and DIST.- GOALPARA
ASSAM.
3:THE EXECUTIVE OFFICER
GOALPARA MUNICIPAL BOARD
P.O.
P.S. and DIST.- GOALPARA
ASSAM.
Advocate for the Petitioner : MS.S KANUNGOE
Advocate for the Respondent : MR.D SAIKIASr.Adv.R-2
Linked Case : WP(C) 1942/2017
1:ELIZA BEGUM
W/O A.B. MUKARRAM ALI ALIPARA
WARD NO. 4
SWARAJ ROAD
GOALPARA
ASSAM PIN - 783101
VERSUS
1:THE STATE OF ASSAM and 2 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
MUNICIPAL and ADMINISTRATION DEPARTMENT
DISPUR
GUWAHATI -6.
2:GOALPARA MUNICIPAL BOARD
REP. BY ITS CHAIRMAN
GOALPARA
ASSAM
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3:THE EXECUTIVE OFFICER
GOALPARA MUNICIPAL BOARD
GOALPARA
ASSAM
Advocate for the Petitioner : MR.M P SARMA
Advocate for the Respondent : MR.D SAIKIA R-2
Linked Case : WP(C) 5761/2015
1:MANJU BEGUM
W/O LT. ABDUL KADER
R/O HASILAPARA
W/NO.13
P.O. and P.S. GOALPARA
DIST- GOALPARA
ASSAM
PIN-783101
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE SECY. TO THE GOVT. OF ASSAM
URBAN DEVEL. DEPTT.
DISPUR
GHY-6
2:THE DIRECTOR
URBAN DEVEL. DEPTT.
GOVT. OF ASSAM
3:THE GOALPARA MUNICIPAL BOARD
REP. BY ITS CHAIRMAN
O/O THE MUNICIPAL BOARD
GOLAPARA
ASSAM
PIN-783101
4:THE EXECUTIVE OFFICER
GOALPARA MUNICIPAL BOARD
GOLAPARA
ASSAM
PIN-783101
Advocate for the Petitioner : MR.M PHUKAN
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Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 2163/2009
1:BINOD CH. KALITA AND ORS.
S/O LT. SIBA KANTA KALITA
SANITARY INSPECTOR RETD R/O NEW GOALPARA
P.O.AND DIST GOALPARA.
2: AKASHMOY DAS PURAKAYASTHA
S/O LATE RATINDRA DAS
EURAKAYASTHA HEAD PLUMBERRETD
R/O ASHOK NAGAR
P.O.-and DIST- GOALPARA
3: SRI DIPANDRA DAS
S/O LATE KUMUDESWAR DAS
R/O WARD NO. 6
GOALPARA TOWN
P.O. and DIST- GOALPARA
ASSAM
PIN-783001.
4: MUSTT. SALEHA KHATOON
W/O LATE ABDUSH SHATTAR
RETD. TAX COLLECTOR OF GOALPARA MUNICIPAL BOARD
R/O GOALPARA
DIST- GOALPARA
5: MANIK SEIKH
S/O LATE ABIMUDDIN SEIKH
TRACTOR DRIVER RETD
R/O GOALPARA
DIST- GOALPARA
VERSUS
1:THE STATE OF ASSAM AND ORS
REP. BY THE SECY. TO THE GOVT.OF ASSAM
MUNICIPAL AND ADMINISTRATION DEPTT
DISPUR
GHY-6
2:GOALPARA MUNICIPAL BOARD
REPRESENTED BY ITS CHAIRMAN
GOALPARA ASSAM
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3:THE EXECUTIVE OFFICER
GOALPARA MUNICIPAL BOARD
GOALPARAASSAM
Advocate for the Petitioner : MR.U K NAIR
Advocate for the Respondent : GA
ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
20-10-2020 This Court vide order dated 04.02.2020 had directed the State respondents to file a detail affidavit with the note of caution that failing which appropriate orders would be passed on the basis of the materials available on record.
Today, when the matter is called upon, it is seen that no such affidavit has been filed.
At this stage, Ms. D. Das Barman, the learned State Counsel, prays for a final opportunity to file the affidavit.
The matter pertains to payment of pension and post-retirement benefits of the employees of the Goalpara Municipal Board and connected writ petitions are pending for the last more than 6(six) years.
The affidavits filed by the respective Departments shows the tendency of "passing the buck" and shrugging of responsibilities to make such payments.
In the interest of justice, a final opportunity is granted to file affidavit and state the steps taken for payment of the dues to the petitioners.
This direction is given after ascertaining that the dues are not disputed in principle by the respondents and only due to lack of funds, the same are not being able to be paid.
List this case on 17.11.2020.
Pendency of this case shall not be a bar to make payment/ part payments Page No.# 9/9 of the dues of the petitioners.
It is made clear that on failure to file such affidavit, this Court would have no other option but to call for the officers responsible to be personally present and put forward their explanation.
JUDGE Comparing Assistant