Gauhati High Court
Aktara Banu vs The State Of Assam And 2 Ors on 20 September, 2021
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/12
GAHC010172742016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4756/2016
AKTARA BANU
W/O- LT. HADI HUSSAIN, R/O- HATIPARA, AZAD ROAD TINIALI, WARD NO.
10, DIST.- GOALPARA, ASSAM- 783101.
VERSUS
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 : I.A.(Civil)/465/2016
Page No.# 2/12
THE EXECUTIVE OFFICER
VERSUS
MORJINA BEGUM AND 5 ORS
------------
Advocate for : MR.M ISLAM
Advocate for : MR.R HUSSAIN appearing for MORJINA BEGUM AND 5 ORS
Linked Case : I.A.(Civil)/234/2016
THE EXECUTIVE OFFICER
VERSUS
MANJU BEGUM and 3 ORS.
------------
Advocate for : MR.M DUTTA
Advocate for : GA
ASSAM appearing for MANJU BEGUM and 3 ORS.
Linked Case : WP(C)/4702/2014
SMTI MORJINA BEGUM
W/O- LT. SHARIF HUSSAIN
R/O- NEW BAKURPARA
P.O.
P.S. and DIST.- GOALPARA
ASSAM.
VERSUS
Page No.# 3/12
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
MUNICIPAL ADMINISTRATION DEPTT.
DIPSUR
GHY- 6.
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY- 6.
3:THE DIRECTOR
MUNICIPAL ADMINISTRATION DEPTT.
DISPUR
GHY- 6.
4:THE DY. COMMISSIONER
GOALPARA
DIST.- GOALPARA
ASSAM.
5:THE EXECUTIVE OFFICER
GOALPARA MUNICIPALITY
GOALPARA
ASSAM.
6:THE MUNICIPAL BOARD
GOALPARA
REP. BY ITS CHAIRMAN / CHAIRPERSON
DIST.- GOALPARA
ASSAM.
------------
Advocate for : MR. M K BORAH
Advocate for : MS.L SHARMAR-5and6 appearing for THE STATE OF ASSAM AND
5 ORS
Linked Case : WP(C)/1942/2017
ELIZA BEGUM
W/O A.B. MUKARRAM ALI ALIPARA
WARD NO. 4
SWARAJ ROAD
GOALPARA
ASSAM PIN - 783101
VERSUS
THE STATE OF ASSAM and 2 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
Page No.# 4/12
MUNICIPAL and ADMINISTRATION DEPARTMENT
DISPUR
GUWAHATI -6.
2:GOALPARA MUNICIPAL BOARD
REP. BY ITS CHAIRMAN
GOALPARA
ASSAM
3:THE EXECUTIVE OFFICER
GOALPARA MUNICIPAL BOARD
GOALPARA
ASSAM
------------
Advocate for : MR.M P SARMA
Advocate for : MR.D SAIKIA R-2 appearing for THE STATE OF ASSAM and 2 ORS.
Linked Case : WP(C)/6425/2015
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
Page No.# 5/12
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
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.
Page No.# 6/12
10: TAHERA HUSSAIN
W/O LT. MOKHTAR HUSSAIN AMBARI
WARD NO. 4
P.O. GOALPARA
PIN - 783101
P.S. and DIST. GOALPARA
ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE CHIEF SECRETARY
GOVT. OF ASSAM
DISPUR
GUWAHATI-6.
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.
Page No.# 7/12
------------
Advocate for : MR.A CHETRY
Advocate for : GA
ASSAMR1
2-7 appearing for THE STATE OF ASSAM AND 6 ORS
Linked Case : WP(C)/5761/2015
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
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 : MR.M PHUKAN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Page No.# 8/12
Linked Case : WP(C)/2163/2009
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
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
3:THE EXECUTIVE OFFICER
GOALPARA MUNICIPAL BOARD
GOALPARAASSAM
Page No.# 9/12
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Advocate for : MR.U K NAIR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 20.09.2021 All sides are duly represented by their learned counsel.
The petitioners are before the Court, claiming non-payment of pension and other pensionary benefits.
It appears from the stand taken by the respondent authorities that the Finance Department disowns the responsibility of making payment of any pensionary benefits to the petitioners. The stand of the Municipal Board is to the effect that Municipal Board had submitted budget before the Urban Development Department which includes the pension to be paid to the petitioners. However, in WP(C) 6425/2015, the Municipal Board has produced a budget proposal for the year 2018, whereas the present petitioners have all superannuated before year 2018. Therefore, the budget proposal of the Goalpara Municipal Board as produced in WP(C) 6425/2015 does not help the Court in any manner to arrive at the truth.
Mr. R. Borpujari, learned standing counsel for the Finance Department submits that he has received specific instruction to the effect that no proposal has been received from the Urban Development Department and the Director of Municipal Administration, Assam regarding payment of outstanding dues of the petitioners who are the ex-employees of the Goalpara Municipal Board. It is Page No.# 10/12 seen that although the said instructions are of 19.11.2020, no affidavit-in- opposition has been filed to bring on record the said instruction.
By referring to the Assam Municipal Act, 1956, the learned standing counsel for the Finance Department submits that it is not the liability of the State to pay the salary and pension and that is required to be paid from the Municipal Board's fund.
The Goalpara Municipal Board has not filed any document on record to show that any requisition was made from the concerned authorities of the State for payment of pension dues of the petitioners. Therefore, the Goalpara Municipal Board is directed to file an additional affidavit-in-opposition to specifically state the manner in which pension proposal of the petitioners were forwarded to the competent authority. The Court in inclined to put the Goalpara Municipal Board to notice that unless anything is brought on record, the Court would presume that the Goalpara Municipal Board has not sent the pension proposal of the petitioners to the State for the requisite funds. The Goalpara Municipal Board is also directed to take notice of the various dates on which the petitioners have superannuated and then would file an affidavit to indicate how they had sent the pension proposal to the government for release of funds. The Goalpara Municipal Board is directed not to file any vague affidavit unrelated to the claim of the petitioners herein.
The Urban Development Department as well as the Director of Municipal Administration are directed to file specific affidavit to indicate as to whether the pension proposal of the petitioners in these set of writ petition were received by them or not and if such proposal has been received, in what manner the said authorities has disposed of the claim pertaining to fund required for payment of pension of the present set of writ petitioners.
Page No.# 11/12 Having noted that this writ petitions are pending from the year 2014, 2015, 2016 etc., the respondents would file their specific affidavit indicating claim of the pension of the various petitioners. The respondents are directed not to file vague affidavit by providing vague particulars unrelated to the claim of the petitioners herein.
The respondents are also put to notice that why the Court should not pass an interim direction on the next date for release of provisional pension of the petitioners forthwith and the respondents are also put to notice that why the Court should not award interest on the pensionary dues of the petitioners from the date when entitlement became due.
The Court is also put respondents to notice that taking note of the old pending matter related to pension, if no affidavit is filed by the respondents, the Court would proceed with the matter on the basis of the materials available on record.
In view of the long pendency of this writ petition, this writ petition is admitted for hearing by issuing rule forthwith, without requiring the petitioners to take steps.
The learned Govt. advocate and the learned departmental counsel for the respondents shall download a copy of this order for onwards transmission to the respondents.
List for hearing on 06.10.2021.
JUDGE Page No.# 12/12 Comparing Assistant