Page No.# 1/5 GAHC010155362024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3941/2024 MANASA RANI DAS W/O- SRI SANKAR ROY, RESIDENT OF RAMANI ROAD-1. (NEAR BABYLAND ENGLISH HIGH SCHOOL) PO, PS AND DIST.- KARIMGANJ, ASSAM, PIN- 788710 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 06, ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-06 3:DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI-06 4:THE CHAIRMAN KARIMGANJ MUNICIPAL BOARD PO PS AND DIST- KARIMGANJ ASSAM PIN- 788710 5:THE EXECUTIVE OFFICER Page No.# 2/5 KARIMGANJ MUNICIPALITY KARIMGANJ PO PS AND DIST- KARIMGANJ ASSAM PIN- 78871 Advocate for the Petitioner : MR H R CHOUDHURY, S. TALUKDAR,A S PRODHANI Advocate for the Respondent : GA, ASSAM, MD F FARIDI (R-5),MR. A DHAR(R-5),MR. A DHAR (R-4),MD F FARIDI (R-4),SC, FINANCE DEPTT. BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 05.06.2026 Heard Mr. H.R. Choudhury, learned Counsel for the petitioner, Mr. A. Dhar, learned Standing Counsel for Sribhumi Municipal Board, Mr. D. Bora, learned Government Advocate appears for respondent no. 1 and 3. and Mr. A. Chaliha, learned Standing Counsel appears for Finance Department. By this application, the petitioner has sought for a direction from the respondent authorities to pay her the pension and other retirement benefits along with interest at the rate of 12 per cent per till the amount is paid to the petitioner. The case of the petitioner is that she worked as an LDA since the day she has joined i.e. on 18.11.1996 and that she retired on 31.10.2021 and during the course of her service, she has received the salary as a regular employee. However, she submits that after her retirement, she did not get the pension or her retirement benefits. The learned Counsel for the petitioner submits that respondent no. 4 i.e. the Page No.# 3/5 Chairman of Municipal Board had informed the petitioner by issuing a letter dated 09.12.2022 informing her to give the details of the retirement benefits due to her which should be paid by the department and in response to the said information, the petitioner has given the details of the retirement benefits to be paid to her. She further states that she came to know that the arrear salary was paid except for the month of October, 2021 and she had calculated the amount that she should receive from the Board and had given the same to the concerned authority, but she submits that till date her pension as well as her pensionary benefits along with the arrear salary was not paid to her. Mr. A. Dhar, learned Standing Counsel appearing for Municipal Board submits that the Chairman of the Sribhumi Municipal Board by various letters to the Director of Municipal Administration has requested for financial help for payment to its employees on various accounts, but the municipal administration is stated to have not helped the Municipal Board. He has further placed the auditor's report in connection with the Municipal Board, which shows that in completion of the financial year of 2023, there was a surplus amount but thereafter in each of the financial years, there were deficits and because of these deficits, the Board is not been able to pay even the salary of the existing employees working under the Municipal Board. On the other hand, Mr. D. Bora, learned Government Advocate submits that under the Assam Municipal Act, more specifically under the Section 50 of the said Act, it is provided that the Municipal Board from time to time should make rules for gratuities and pensions to be granted and should generate its own funds to make payment to its employee including the retired employees. He ,however, submits that no rules and regulations has been framed by the Municipal Board till date as required under Section 51 of the said Act. He as Page No.# 4/5 such submits that it is not the responsibility of the Government in the Municipal Department to pay the salaries or the pension or the retiral benefits to the employees working under the Municipal Board. He further submits that under the Municipal Act, the Government is only saddled with the responsibility to give grants in aid to the Municipal Board, however, under Section 53A of the said Act, the Municipal Board has to account for with respect to the funds allotted by the Government in the shape of grants in aid and that the said funds cannot be used for payment of salary or pension or similar other expenses by the Board. Although it is seen that the Municipal Boards has to generate its own funds for payment to its employees as it is provided under Section 50 (3) of Assam Municipal Act, however, there is a rider provided in the said section that the said payment of gratuities or pension requires approval of the State Government. Further, under Section 50 (1) it is provided that the Board from time to time shall determine and appoint the establishment and will fix the salaries and allowances to be paid to such establishments, however, an amendment was brought into force to the said sub section in the year 2011 which provides that staffing pattern in the establishment has to be determined by the Government from time to time. It is also provided by way of a proviso appended to the said Section 50 of the Act that appointment of any Officer or employee whose pay is wholly or partly contributed by the State Government shall not be created or abolished without the sanction of the Government. These provisions shows that the Government has some role both in the stuffing pattern as well as payment to be made to certain employee or Officer. It is also seen that the regulations has not been framed by the Municipal Board. It is also a settled position of law that the employee having served an institution should be paid for such work. Non-payment to such employee will be Page No.# 5/5 in violation of Article 21 of the Constitution of India. The said analogy will also be applicable in case of pension and other pensionary benefits including the gratuities. It is the case of the petitioner that since the date of her retirement in the year 2021 and now it is 2026 that she got only Rs. 20,000/- towards her entitlement for pension and pensionary benefits and her entitlement is to the tune of Rs. 12,28,969/-. The said amount is an admitted amount to be given to her and acknowledged by the respondents. As such for protection of the fundamental rights and human rights of the petitioner, this Court directs the petitioner to make a representation before the Director of Municipal Administration along with her forwarding letter by the Chairman of the Municipal Board for consideration of the payment of her pension and pensionary benefits by the State Government in the Municipal Department. It is further directed that the authorities in the Municipal Administration Department should consider the case of the petitioner and since they have an enabling power to give grants in aid as well as loans to its wings such as the Municipal Board, the same may be considered in the present case. It is also directed that the Director of Municipal Administration would dispose of the representation submitted by the petitioner within a period of two months from the date of receipt of the certified copy of this order. As such petition is disposed of. JUDGE Comparing Assistant