Gauhati High Court
Assam Institute Of Health Allied ... vs The State Of Assam And 4 Ors on 20 August, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010002792021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/542/2021
ASSAM INSTITUTE OF HEALTH ALLIED SCIENCE
REPRESENTED BY ITS MANAGING DIRECTOR MANASHI CHALIHA DEKA,
AGED ABOUT 46 YEARS, WIFE OF JAYANTA DEKA, RESIDENT OF
VILLAGE MAZGAON, PO TEZPUR, DIST SONITPUR, ASSAM 784001
VERSUS
THE STATE OF ASSAM AND 4 ORS
THROUGH ITS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF LABOUR AND EMPLOYMENT, DISPUR, GUWAHATI
781006
2:THE UNION OF INDIA
THROUGH THE SECRETARY TO THE MINISTRY OF LABOUR AND
EMPLOYMENT
DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING
GOVT. OF INDIA
NEW DELHI
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
DEPARTMENT OF LABOUR AND EMPLOYMENT
DISPUR
GUWAHATI 781006
4:THE COMMISSIONER AND SECRETARY
TO THE GOVT.OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI 781006
5:THE DIRECTOR
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EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY
ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY ASSAM REHABARI
GUWAHATI 78100
Advocate for the Petitioner : MR. S K DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
20.08.2021 Heard Mr. S. K. Das, the learned counsel for the petitioner. Also heard Mr. R. Borpujari, 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 on behalf of Mr. K. K. Parashar, the leaned CGC representing the respondent No. 2 and Ms. S. Sarma, the learned State Counsel, Assam representing the respondent Nos. 1 and 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 order dated 10.03.2015 and 10.06.2015 allotted the approval to the petitioner for following courses namely (i) Basic of Anatomy & Physiology; (ii) Health Care Multipurpose Worker; (iii) Lab Technician. After providing the training facilities in batches, the petitioner Page No.# 3/3 submitted a bill amounting Rs. 12,12,255/- out of which a sum of Rs. 1,86,278/- was paid by the respondent authority on 13.05.2020 leaving aside the remaining balance amount of Rs. 10,25,977/-. Being aggrieved for non release of the said amount, the petitioner has filed this writ petition.
Mr. Das, 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 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. 10,25,977/- 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