Meghalaya High Court
Abdul Karim Sk A Korim vs The Union Of India And Ors on 10 July, 2017
IN THE HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 250 of 2016
Abdul Karim Sk @ A Korim,
S/o Mofuzal Hoque,
R/o Village-Kasharipara,
P.O. Hallidayganj, P.S. Phulbari,
Dist: West Garo Hills, Meghalaya,
PIN-794104. .... Petitioner
- VERSUS -
1. The Union of India,
Represented by the Secretary to the Ministry of
Rural Development, Govt. of India, New Delhi.
2. The State of Meghalaya,
represented by the Secy. & Commissioner to
the Govt. of Meghalaya, Deptt. of Community
and Rural Development, Shillong.
3. The Deputy Commissioner and District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
4. The Project Director and Addl. District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
5. The BDO and Programme Officer,
MGNREGS, Selsella C&RD Block, West Garo Hills.
6. The Secretary of the Village
Employment Council (VEC) of Kasharipara
Village under Selsella C&RD Block, West Garo Hills.
... Respondents
WP(C) No. 251 of 2016
Anowar Hussain @ Anowar Sk.
S/o Atowar Rahman,
R/o Village-Kasharipara,
P.O. Hallidayganj, P.S. Phulbari,
Dist: West Garo Hills, Meghalaya,
PIN-794104. .... Petitioner
- VERSUS -
1. The Union of India,
Represented by the Secretary to the Ministry of
Rural Development, Govt. of India, New Delhi.
WP(C) No. 250 of 2016 Page 1 of 8
To
WP(C) No. 255 of 2016
2. The State of Meghalaya,
represented by the Secy. & Commissioner to
the Govt. of Meghalaya, Deptt. of Community
and Rural Development, Shillong.
3. The Deputy Commissioner and District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
4. The Project Director and Addl. District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
5. The BDO and Programme Officer,
MGNREGS, Selsella C&RD Block, West Garo Hills.
6. The Secretary of the Village
Employment Council (VEC) of Kasharipara
Village under Selsella C&RD Block, West Garo Hills.
... Respondents
WP(C) No. 252 of 2016
Rafiqul Islam @ Rafigul Islam
S/o Mofuzal Hoque,
R/o Village-Kasharipara,
P.O. Hallidayganj, P.S. Phulbari,
Dist: West Garo Hills, Meghalaya,
PIN-794104. .... Petitioner
- VERSUS -
1. The Union of India,
Represented by the Secretary to the Ministry of
Rural Development, Govt. of India, New Delhi.
2. The State of Meghalaya,
represented by the Secy. & Commissioner to
the Govt. of Meghalaya, Deptt. of Community
and Rural Development, Shillong.
3. The Deputy Commissioner and District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
4. The Project Director and Addl. District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
5. The BDO and Programme Officer,
MGNREGS, Selsella C&RD Block, West Garo Hills.
6. The Secretary of the Village
Employment Council (VEC) of Kasharipara
Village under Selsella C&RD Block, West Garo Hills.
... Respondents
WP(C) No. 250 of 2016 Page 2 of 8
To
WP(C) No. 255 of 2016
WP(C) No. 253 of 2016
Smt Firoza Khatun @ Feroza Begom
W/o Abul Hussain,
R/o Village-Kasharipara,
P.O. Hallidayganj, P.S. Phulbari,
Dist: West Garo Hills, Meghalaya,
PIN-794104. .... Petitioner
- VERSUS -
1. The Union of India,
Represented by the Secretary to the Ministry of
Rural Development, Govt. of India, New Delhi.
2. The State of Meghalaya,
represented by the Secy. & Commissioner to
the Govt. of Meghalaya, Deptt. of Community
and Rural Development, Shillong.
3. The Deputy Commissioner and District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
4. The Project Director and Addl. District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
5. The BDO and Programme Officer,
MGNREGS, Selsella C&RD Block, West Garo Hills.
6. The Secretary of the Village
Employment Council (VEC) of Kasharipara
Village under Selsella C&RD Block, West Garo Hills.
... Respondents
WP(C) No. 254 of 2016
Azizul Hoque
S/o Mofuzal Hoque,
R/o Village-Kasharipara,
P.O. Hallidayganj, P.S. Phulbari,
Dist: West Garo Hills, Meghalaya,
PIN-794104.
.... Petitioner
- VERSUS -
1. The Union of India,
Represented by the Secretary to the Ministry of
Rural Development, Govt. of India, New Delhi.
2. The State of Meghalaya,
represented by the Secy. & Commissioner to
the Govt. of Meghalaya, Deptt. of Community
and Rural Development, Shillong.
WP(C) No. 250 of 2016 Page 3 of 8
To
WP(C) No. 255 of 2016
3. The Deputy Commissioner and District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
4. The Project Director and Addl. District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
5. The BDO and Programme Officer,
MGNREGS, Selsella C&RD Block, West Garo Hills.
6. The Secretary of the Village
Employment Council (VEC) of Kasharipara
Village under Selsella C&RD Block, West Garo Hills.
... Respondents
WP(C) No. 255 of 2016
Mosaddiqul Hoque Mollah
S/o Ashraf Ali Mollah,
R/o Village-Kasharipara,
P.O. Hallidayganj, P.S. Phulbari,
Dist: West Garo Hills, Meghalaya,
PIN-794104. .... Petitioner
- VERSUS -
1. The Union of India,
Represented by the Secretary to the Ministry of
Rural Development, Govt. of India, New Delhi.
2. The State of Meghalaya,
represented by the Secy. & Commissioner to
the Govt. of Meghalaya, Deptt. of Community
and Rural Development, Shillong.
3. The Deputy Commissioner and District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
4. The Project Director and Addl. District
Programme Co-ordinator, MGNREGS,
West Garo Hills, Tura.
5. The BDO and Programme Officer,
MGNREGS, Selsella C&RD Block, West Garo Hills.
6. The Secretary of the Village
Employment Council (VEC) of Kasharipara
Village under Selsella C&RD Block, West Garo Hills.
... Respondents
WP(C) No. 250 of 2016 Page 4 of 8
To
WP(C) No. 255 of 2016
BEFORE
HON'BLE MR JUSTICE VED PRAKASH VAISH
Present
Mr. M.A. Islam ... Counsel for Petitioner
Mr. A.H. Hazarika ... Counsel for Respondents No. 2 to 5
Date of Hearing ... 10.07.2017
Date of Judgment ... 10.07.2017
BY HON'BLE MR. JUSTICE V.P. VAISH (ORAL)
JUDGMENT
In these six writ petitions, the petitioners have inter alia, prayed as under:
i) to regularize/renew the job card of the petitioners
ii) to pay the arrear wages with interest and
iii) to pay the unemployment allowance to the petitioners since 2014.
2. All these writ petitions involve identical question of law and are being disposed of by this common judgment.
3. For the sake of brevity, the facts of the case are being taken from petition bearing WP(C) No. 250 of 2016. The petitioner alleged that he is a permanent resident and electorate of Kasharipara village under Selsella Community and Rural Development (C&RD) Block, West Garo Hills District. The petitioner is a poor and wage labourer living in the rural areas of West Garo Hills District, Meghalaya. After implementation of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and the schemes framed thereunder, the petitioner's household was registered under the said schemes and job card was issued to the petitioner bearing job card No. MG-05-019-524-499/1401, dated 21st March, 2006. Thereafter, the petitioner got a source of livelihood and was engaged from time to time in unskilled manual work on a daily wage basis. A muster roll was sent periodically to the Block WP(C) No. 250 of 2016 Page 5 of 8 To WP(C) No. 255 of 2016 Development Officer (BDO) of Selsella Community and Rural Development Block (C&RD) for sanction of wages of the workers.
4. It is also stated by the petitioner that in the year 2014, the respondent No. 5 conducted verification of job card of the petitioner's Kasharipara village. During the said verification the petitioner had submitted documents in support of his entitlement to the job card, however, the name of the petitioner appearing at Sl. No. 389 in the Register of job card of Kasharipara village was deleted w.e.f. 20th December, 2014. The petitioner made a representation dated 24th February, 2016 and requested for regularization of the job card but to no effect. Hence, the petitioner filed the present petition.
5. The petition has been opposed by the respondents No. 2 to 5 by filing counter affidavit. It is stated by the respondents that the respondent authorities cleared the wages of workers/job card holders immediately subject to availability of fund. It is also stated that sometimes sanctioning of funds for MGNREGS is delayed from the Ministry in the past few years and therefore wages could not be paid in time. It is also stated that re-verification of job card was done for the entire Block to detect the dual/multiple/bogus card holders as per order dated 30th July, 2014 issued by the District Programme Co- ordinator/DC, Tura and that job card holders were directed to produce their original documents like EPIC, acknowledgement slip of SECC Census 2011 and NPR for identification and proof of residence to support their claims. From verification some job card holders failed to submit their documents and were considered as dual/multiple/bogus card holders and their names were deleted from the list as per order of the competent authority.
6. An additional affidavit of the Block Development Officer & Programme Officer (MGNREGS), Selsella C&RD Block, Selsella, West WP(C) No. 250 of 2016 Page 6 of 8 To WP(C) No. 255 of 2016 Garo Hills District, Meghalaya has been filed on 03rd July, 2017. In the said affidavit, verification of job card was done for the entire Block to detect the dual/multiple/bogus card holders as per the order issued by the Principal Secretary to the Government of Meghalaya, C&RD Department, Meghalaya Shillong dated 05.11.2014 and another order issued vide Memo. WGH/NREGS/AD-188/08/part-XII/265-A dated 30th July, 2014 issued by the District Programme Co-ordinator/DC, Tura that job card holders were directed to produce their original documents like EPIC, acknowledgement slip of SECC Census 2011 and NPR for identification and proof of residence to support their claims. During verification 8314 job card holders failed to submit their documents and therefore their job cards were considered as dual/multiple/bogus card holders and their names were deleted from the list of job card holders.
7. I have heard learned counsel for the parties and carefully perused the material on record.
8. At the outset, learned counsel for the petitioner submits that the petitioner waives the claim of relief of arrear of wages for the working days. He also submits that an affidavit of Shri Mohammad Amirul Islam has been filed on 10th July, 2017 in this regard. The said affidavit is taken on record.
9. The objective of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) is to enhance the livelihood and security of poor households in rural areas which provides at least 100 days of guaranteed wage employment to every poor household whose adult members volunteer to do unskilled manual work.
10. Schedule-II of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 provides for conditions for WP(C) No. 250 of 2016 Page 7 of 8 To WP(C) No. 255 of 2016 Guaranteed Rural Employment under a Scheme and Minimum Entitlement of Labourers. Clause-4 of the said Schedule reads as under:
"4. No job card can be cancelled except where it is found to be a duplicate, or if the entire household has permanently migrated to a place outside the Gram Panchayat and no longer lives in the village."
11. During the course of arguments, Mr. A.H. Hazarika, learned counsel for respondents No. 2 to 5 submits that the petitioners were directed to furnish documents like EPIC, acknowledgement slip of SECC Census 2011 and NPR for identification and proof of residence but some of the job card holders failed to submit said documents and, therefore, their names were deleted. He also submits that the petitioners may be directed to produce aforesaid documents for verification and the respondents would consider the representation of the petitioners for renewal and regularization of their job cards.
12. Mr. M.A. Islam, learned counsel for the petitioners submit that the petitioners would furnish all the requisite documents within one week and the petition may be disposed of.
13. Having considered the facts and circumstances of the case and submissions made by learned counsel for both the parties, the petitioners are directed to produce all the requisite documents before respondent No. 5 within one week and the respondent No. 5 will consider the same and pass an order in accordance with law, within a period of two weeks thereafter.
14. With the aforesaid observations, all the writ petitions stand disposed of.
15. No costs.
JUDGE
Dated, the 10th July, 2017
V. Lyndem
WP(C) No. 250 of 2016 Page 8 of 8
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WP(C) No. 255 of 2016