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Gauhati High Court

Smt. Runu Hazarika vs The State Of Assam And 2 Ors on 9 March, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/4

GAHC010199992023




                                                        undefined

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

                         Case No. : WP(C)/5246/2023

         SMT. RUNU HAZARIKA
         D/O BONGSHIDHAR HAZARIKA, PRINCIPAL, ITC MY FAIR LADY
         TRAINING CENTRE 15, SATYANATH BORA LANE, DIGHALIPUKHURI,
         GUWAHATI, DIST- KAMRUP (M), ASSAM, PIN-781001



         VERSUS

         THE STATE OF ASSAM AND 2 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
         OF ASSAM, DEPARTMENT OF LABOUR AND EMPLOYMENT,
         DIRECTORATE OF EMPLOYMENT AND CRAFTSMEN TRAINING, ASSAM,
         REHABARI, GUWAHATI-781008

         2:THE MANAGING DIRECTOR
         ASSAM STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE
         LTD.
          SARUMATARIA
          DISPUR
          GUWAHATI-781006

         3:THE DIRECTOR
          EMPLOYMENT AND CRAFTSMEN TRAINING
         ASSAM
          REHABARI
          GUWAHATI-781008

         4:THE CHAIRMAN-CUM-MANAGING DIRECTOR

         NATIONAL SCHEDULED CASTES FINANCE AND DEVELOPMENT
         CORPORATION
         NSFDC
         14TH FLOOR
                                                                     Page No.# 2/4

             SCOPE MINAR CORE '1' AND '2'
             NORTH TOWER
             LAXMI NAGAR
             NEW DELHI
             DELHI-11009

For the Petitioner(s)    : Ms. S. B. Choudhury, Advocate

For the Respondent(s) : Mr. R. Dhar, Standing Counsel
                      : Mr. S. P. Das, Standing Counsel
                      : Mr. G. Bokolial, Government Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 09.03.2026 Heard Ms. S. B. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondent No.1. I have also heard Mr. R. Dhar, the learned Standing counsel appearing on behalf of the Respondent No.2 and Mr. S. P. Das, the learned Standing counsel appearing on behalf of the Respondent No.3.

2. None has appeared on behalf of the Respondent No.4 although it appears from the records that the service upon the Respondent No.4 has been deemed to be complete.

3. The dispute in the instant case pertains to non-payment of the balance 50% amount in terms with the official Page No.# 3/4 communication dated 28.07.2010 issued by the Director, Employment and Craftsmen Training, Assam, Rehabari.

4. The materials on record show that the Petitioner along with various others were informed vide the communication dated 28.07.2010 to admit trainees after receiving 50% advance of the payment at the prescribed rates.

5. It is the case of the Petitioner that the Petitioner duly carried out the said six months training and submitted the requisite papers in the year 2011 for the remaining 50% of the payment at the prescribed rates. Various representations were submitted but as nothing was done, the Petitioner was constrained to approach this Court in the year 2023.

6. There is an apparent delay on the part of the Petitioner in approaching this Court. But the facts remains as would be seen from the affidavit filed by the Respondent No.2 that the dues of the Petitioner are duly admitted but it is on account of the Respondent No.4 declining to pay the remaining 50% amount, the Respondent No.2 is not in a position to release the remaining 50%.

7. This Court has also taken note of Annexure-D to the affidavit-in-opposition filed by the Respondent No.2 wherein it is categorically mentioned that the Sanction Order was granted to Page No.# 4/4 the Respondent No.2 i.e. the Assam State Development Corporation for carrying out training programme through the Industrial Training Institutes, Guwahati, Tinsukia, Jorhat and Dibrugarh but not through franchises or authorized centres and it is under such circumstances, the Respondent No.4 have declined to do so.

8. It is very pertinent to take note of that the Sanction so granted by the Respondent No.4 to the Respondent No.2 is not on record. As the Respondent No.4 is a Government of India undertaking, this Court has requested Mr. K. Gogoi, the learned CGC to obtain instructions.

9. Accordingly, list this matter again on 29.04.2026.

10. The Registry shall show the name of Mr. K. Gogoi, the learned Standing counsel in the Cause List.

11. The Respondent No.2 shall also produce the Sanction Order so issued by the Respondent No.4.

JUDGE Comparing Assistant