GAHC010133702024

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

Case No. : I.A.(Civil)/2223/2024

DR. SURENDRA KUMAR SAIKIA and 3 ORS. R/O SHANTIGRAM HOUSING COMPLEX, TRIPURA ROAD, P.O. KHANAPARA, GUWAHATI- 781022, DIST. KAMRUP M, ASSAM

2: ME. DELOWAR HUSSAIN S/O MD. SAHID ALI R/O WARD NO. 19 GOALPARA TOWN PITBARI AZADAGAR P.O. BALADMARI PIN - 783121 DIST. GOALPARA

3: DR. GOUTAM KUMAR BORDOLOI S/O LT. SARADA KANTA BORDOLOI R/O KAMALAKANTA ENCLAVE JAYANAGAR P.O. KHANAPARA GUWAHATI - 781022 DIST. KAMRUP M ASSAM

4: SRI SARAT CHANDRA PHUKAN S/O BIPIN PHUKAN R/O HOUSE NO. 4 F A AHMED AND JURIPAR LINK ROAD PURANIBASTI P.O. KHANAPARA GUWAHATI- 781022 DIST. KAMURP M ASSA

VERSUS

THE UNION OF INDIA and 4 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF AGRICULTURE and FARMERS WELFARE, DEPARTMENT OF AGRI., COOPN. and FARMERS WELFARE, KRISHI BHAWAN, NEW DELHI- 110001.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT and STATE NODAL OFFICER CSS-ATMA ASSAM DISPUR GUWAHATI - 781006.

3:THE ADDL. SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT AND STATE CO-ORDINATOR CSS-ATMA ASSAM KHANAPRA GUWAHATI - 781022.

4:THE DIRECTOR OF AGRICULTURE

ASSAM KHANAPARA GUWAHATI - 781022.

5:THE JOINT DIRECTOR OF AGRICULTURE CUM DIRECTOR

SAMETI KHANAPARA GUWAHATI - 781022 DIST. KAMRUP M ASSA

Advocate for the Petitioner : MR. R C SANCHETI, MR. A SANCHETI

Advocate for the Respondent : DY.S.G.I., SC, AGRI. DEPARTMENT

Linked Case : WP(C)/428/2017

GOUTAM KUMAR BORDOLOI and ANR. R/O KAMALAKANTA ENCALVE JAYANAGAR P.O. KHANAPARA

GUWAHATI - 781022 DIST. KAMRUP M ASSAM.

2: SRI SARAT CHANDRA PHUKAN S/O BIPIN PHUKAN R/O HOUSE NO. 4 F A AHMED AND JURIPAR LINK ROAD PURANIBASTI KHANAPARA DIST. KAMRUP M ASSAM PIN - 781022. VERSUS

THE UNION OF INDIA and 3 ORS. REP. BY SECRETARY TO THE MINISTRY OF AGRICULTURAL AND FARMERS WELFARE KRISHI BHAWAN NEW DELHI- 110001.

2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT and STATE NODAL OFFICER CSS-ATMA ASSAM DISPUR GUWAHATI- 781006.

3:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM AGRICULTURAL DEPARTMENT AND STATE CO-ORDINATOR SAMETI KHANAPARA GUWAHATI-22.

4:THE DIERECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI - 781022.

Advocate for : MR. A GOGOI Advocate for : MRS. A GAYAN (CGC R1) appearing for THE UNION OF INDIA and 3 ORS.

Linked Case : WP(C)/413/2017

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DR. SURENDRA KUMAR SAIKIA and ANR.

R/O. SHANTIGRAM HOUSING COMPLEX TRIPURA ROAD P.O. KHANAPARA GHY.-781022 DIST. KAMRUP M ASSAM.

2: MD. DELOWAR HUSSAIN

S/O. MD. SAHID ALI R/O. WARD NO. 19 GOALPARA TOWN PITBARI AZADNAGAR P.O. BALADMARI PIN-783121 DIST. GOALPARA. VERSUS

THE UNION OF INDIA and 5 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF AGRICULTURAL AND FARMERS WELFARE KRISHI BHAWAN NEW DELHI-110001.

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. and STATE NODAL OFFICER CSS-ATMA ASSAM DISPUR GUWAHATI- 781006.

3:THE ADDL. SECRETARY TO THE GOVT. OF ASSAM

AGRICULTURE DEPTT. and STATE CO-ORDINATOR SAMETI KHANAPARA GUWAHATI-22.

4:THE DIRECTOR OF AGRICULTURE ASSAM

KHANAPARA GUWAHATI- 781022.

5:THE DISTRICT AGRICULTURE OFFICER MORIGAON

DIST. MORIGAON ASSAM.

6:THE DISTRICT AGRICULTURE OFFICER GOALPARA

DIST. GOALPARA ASSAM. ------------

Advocate for : MR.D CHOUDHURY Advocate for : MR.B DEKA appearing for THE UNION OF INDIA and 5 ORS.

Linked Case : WP(C)/6909/2017

DR. SURENDRA KUMAR SAIKIA and 3 ORS. R/O SHANTIGRAM HOUSING COMPLEX TRIPURA ROAD P.O. KHANAPARA GUWAHATI- 781022 DIST. KAMRUP M ASSAM

2: ME. DELOWAR HUSSAIN S/O MD. SAHID ALI R/O WARD NO. 19 GOALPARA TOWN PITBARI AZADAGAR P.O. BALADMARI PIN - 783121 DIST. GOALPARA

3: DR. GOUTAM KUMAR BORDOLOI S/O LT. SARADA KANTA BORDOLOI R/O KAMALAKANTA ENCLAVE JAYANAGAR P.O. KHANAPARA GUWAHATI - 781022 DIST. KAMRUP M ASSAM

4: SRI SARAT CHANDRA PHUKAN S/O BIPIN PHUKAN R/O HOUSE NO. 4 F A AHMED AND JURIPAR LINK ROAD PURANIBASTI P.O. KHANAPARA GUWAHATI- 781022 DIST. KAMURP M

ASSAM VERSUS

THE UNION OF INDIA and 4 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF AGRICULTURE and FARMERS WELFARE DEPARTMENT OF AGRI. COOPN. and FARMERS WELFARE KRISHI BHAWAN NEW DELHI- 110001.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT and STATE NODAL OFFICER CSS-ATMA ASSAM DISPUR GUWAHATI - 781006.

3:THE ADDL. SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT AND STATE CO-ORDINATOR CSS-ATMA ASSAM KHANAPRA GUWAHATI - 781022.

4:THE DIRECTOR OF AGRICULTURE

ASSAM KHANAPARA GUWAHATI - 781022.

5:THE JOINT DIRECTOR OF AGRICULTURE CUM DIRECTOR

SAMETI KHANAPARA GUWAHATI - 781022 DIST. KAMRUP M ASSAM

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Advocate for : MR.P S BHARALI Advocate for : MRS. A GAYAN (CGC R1) appearing for THE UNION OF INDIA and 4 ORS.

Linked Case : WP(C)/1875/2017

DR. SURENDRA KUMAR SAIKIA and 3 ORS. R/O. SHANTIGRAM HOUSING COMPLEX TRIPURA ROAD P.O. KHANAPARA GHY.-781022 DIST. KAMRUP M ASSAM.

2: MD. DELOWAR HUSSAIN

S/O. MD. SAHID ALI R/O. WARD NO. 19 GOALPARA TOWN PITBARI AZADNAGAR P.O. BALADMARI PIN-783121 DIST. GOALPARA.

3: SRI GOUTAM KR. BORDOLOI

R/O. KAMALAKANTA ENCLAVE JAYANAGAR P.O. KHANAPARA GHY.-781022 DIST. KAMRUP M ASSAM.

4: SRI SARAT CH. PHUKAN

S/O. BIPIN PHUKAN R/O. HOUSE NO. 4 F A AHMED AND JURIPAR LINK ROAD PURANIBASTI KHANAPARA DIST. KAMRUP M ASSAM PIN-781022. VERSUS

THE UNION OF INDIA and 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF AGRICULTURAL AND FARMERS WELFARE KRISHI BHAWAN NEW DELHI-110001.

2:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. and STATE NODAL OFFICER CSS-ATMA ASSAM DISPUR GHY.-781006.

3:THE ADDL. SECRETARY

TO THE GOVT. OF ASSAM AGRICULTURAL DEPTT. and STATE CO-ORDINATOR SAMETI KHANAPARA GHY.-22.

4:THE DIRECTOR OF AGRICULTURE

ASSAM KHANAPARA GHY.-781022.

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Advocate for : MR.D CHOUDHURY Advocate for : appearing for THE UNION OF INDIA and 3 ORS.

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

Date : 13-09-2024

Heard Mr. R.C. Sancheti, learned counsel for the applicants/ writ petitioners in this batch of writ petitions. Also heard Mr. S.M.T. Chisti, learned standing counsel, Agriculture Department, Assam appearing for the official respondents who has invited the attention of this Court to the order dated 06-01-2023 passed in this batch of writ petitions to submit that until and unless an enquiry report is made available in terms of the aforesaid order of this Court, the prayer of the applicants/ writ petitioners for payment of salary for the period from April, 2017 to August, 2018 would not be maintainable.

On 06-01-2023 this Court had passed the following order:-

"Mr. A Gogoi, learned counsel for the petitioner upon instruction produces certain documents to show that the petitioners are still working.

2. A question has arisen as to whether the scheme under which the

petitioners were appointed is still continuing and the information provided to the Court is that it is still continuing.

3. The authorities in the Agriculture Department of the Government of Assam on the other hand take a stand that the petitioners after March, 2017 are not working and therefore, the salary had not been paid and upto March, 2017, they had been paid as required.

4. This petition is instituted claiming for salary for the period after March, 2017.

5. In view of the disputed claims made by the rival parties, we require the Commissioner and Secretary to the Government of Assam in the Personnel (A) Department to cause an enquiry giving an opportunity to the petitioners to produce any relevant materials that they may desire to produce to substantiate that they are working even after March, 2017 and also giving equal opportunity to the authorities in the Agriculture Department to produce any material, documents that they may like to produce to substantiate that the petitioners are not working after March, 2017 and thereupon, pass a reasoned order on the factual determination as to whether the petitioners are working beyond March, 2017.

6. A copy of this order be provided to Mr. R Dhar, learned counsel who otherwise also appears for the Personnel (A) Department for doing the needful.

7. Let the report be placed before the Court within four weeks. List after four weeks"

Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam submits that since his name is not shown in the cause list, hence, he is not prepared with any instruction in the matter today. Mr. Dhar, however, seeks 02 weeks time to obtain instruction and apprise this Court as to what action, if any, has been taken by the departmental commissioner in terms of the order dated 06-01-2023 passed by this Court.

On the request of Mr. Dhar, this matter stands adjourned for 02 weeks so as to enable him to obtain instruction.

Registry to list these cases again on 01-10-2024, by reflecting the name of Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam in the cause list.

JUDGE

Comparing Assistant