Page No.# 1/5 GAHC010093362025 2025:GAU-AS:6637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2535/2025 SRI DILIP LAHON S/O-LATE PURNAKANTA LAHON,R/O-VILL. GARKUSH LAHON,P.O- KARIGAON,DIST-SIVASAGAR,ASSAM-785667 2: SUCHAN CHANDRA GOGOI S/O-LATE GARUA GOGOI R/O-VILL.CHEREKAPAR KHELUA P.O-CHEREKAPAR DIST-SIVASAGAR ASSAM-785701 3: GIRINDRA BHUYAN S/O-LATE DIMBESWAR BHUYAN R/O-VILL. AND P.O-SALAGURI DIST-SIVSAGAR ASSAM-785666 4: PRABIN KUMAR BARUAH S/O-LATE SOMESWAR BARUAH R/O-GARAKUSH SENSWA P.O-KARIGAON DIST-SIVSAGAR ASSAM-785667 5: AJAY KUMAR GOGOI S/O-LATE MUTAN GOGOI R/O-VILL. TAXI MOTHADANG P.O-1 NO.CHAUKARA DIST-SIVSAGAR ASSAM-785667 6: GOJEN DUTTA S/O-LATE.NOGEN CHANDRA DUTTA R/O-VILL.MELENG LOKHAR P.O-BORKHELIA Page No.# 2/5 DIST JORHAT ASSAM-785101 7: BHOLA RAM BORAH S/O-LATE DAYA RAM BORAH R/O-VILL.MELENG LAHKAR P.O-BORKHELIA P.S-TEOK DIST-JORHAT ASSAM-785101 8: RANJIT SAIKIA S/O-LATE KAMAL SAIKIA R/O-VILL.NARA HILOIDHARI MOLIA P.O-LAHDOIGARH P.S-TEOK DIST-JORHAT ASSAM-785700 9: JOGEN GOGOI S/O-LATE SUNDOR GOGOI R/O-VILL. UTTOR HATICHUNGI GAON P.O-NA-ALI DHEKIAJULI P.S-JORHAT DIST-JORHAT ASSAM-785009 10: JADAB BORAH S/O-LATE RAK R/O- VILL.KAKOJAN ARANDHARA P.O-RAJOI TINALI P.S-TEOK DIST-JORHAT ASSAM-785007 11: KALIA DUTTA S/O-LATE BIDYADHAR DUTTA R/O-KRISHNA BHANDAR KOTOKI PUKHURI P.O-R.R.L.JORHAT ASSAM-78500 VERSUS THE STATE OF ASSAM AND OTHRS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,DISPUR,GUWAHATI-781006,ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM Page No.# 3/5 FINANCE DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE SECRETARY TO THE GOVT OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED ULUBARI GUWAHATI-781007 ASSAM 5:THE MANAGING DIRECTOR THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED ULUBARI GUWAHATI-78100 Advocate for the Petitioner : MR P BHARDWAJ, MS. B DEVI Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 26/05/2025 Heard Mr. P. Bharadwaj, learned counsel for the writ petitioners. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam, appearing for the respondent no.1; Mr. P. Nayak, learned Additional Advocate General (Fin), Government of Assam, appearing for the respondent no. 2 and Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam, appearing for the respondent nos. 3, 4 & 5. Page No.# 4/5 The petitioners herein are former employees of now defunct Assam State Minor Irrigation Development Corporation Ltd. (ASMIDC). The writ petitioners, along with other similarly situated employees, were given VRS benefits sanctioned vide notification dated 13/05/2025. The grievance of the petitioners is that despite appropraite notification issued by the Government with the approval of the Cabinet, they have been denied the benefits of House Rent Allowance, Medical Allowance and City Compensatory Allowances. Hence, this writ petition. Mr. Bharadwaj submits that the grievance of the petitioners is covered by the judgement and order dated 24/07/2023 passed by this Court in WP(C) No. 5836/2022 wherein, similarly situated employees approaching this Court have been granted relief. As such, a similar order be passed by this Court in the present petition as well. Mr. Upadhyay, learned Departmental counsel, on due verification of record and after obtaining instruction, submits that the case of the petitioners is covered by the judgement and order dated 24/07/2023 passed by this Court in WP(C) No. 5836/2022. It appears from the perusal of the records that after taking note of the grievance expressed by the similarly situated employees of the ASMIDC, this Court had passed judgement and order dated 24/07/2023 in WP(C) No. 5836/2022. The operative part of the order is reproduced herein below for ready reference :- “Be that as it may, I find from the materials available on record that the writ petitioners in WP(C) No.9562/2019 had also prayed for a direction for payment of HRA, MA and CCA against the same authority. They were also amongst the 302 regular employees of the ASMIDC who were covered under the VRS Scheme notified on 13.05.2005, which was revised by the department vide notification dated 15.02.2006. Taking note of the prayer made in the writ petition, the learned Single Judge, by the judgment and order dated 13.05.2022 had passed the following directions disposing of the writ petition :- “11. In that view of the matter, it is held that the petitioners are entitled for HRA, MA and CCA and the same need to be calculated and included in salary for purpose of Page No.# 5/5 declaring VRS benefits and accordingly, the respondent Irrigation Department is directed to consider the case of the petitioner in the aforesaid term and if HRA, MA and CCA as per the clause 1(e) of the VRS scheme dated 15.02.2006 has not been paid, the same be paid within a period of two months from receipt of certified copy of this order to be furnished by the petitioners before the respondent authority.” Since there is no dispute at the bar that the writ petitioners herein are also similarly situated employees of ASMIDC having similar nature of grievance, hence, I do not find any justifiable ground to deny a similar relief to the writ petitioners. The writ petition is, therefore, disposed of by providing that the prayer of the petitioners for consideration of HRA, MA and CCA as per clause 1(e) of the VRS Scheme dated 15.02.2006 be considered and the amount found due may be paid to them within a period of three months from the date of receipt of a certified copy of this order. With the above observation, the writ petition stands disposed of.” Having regard to the nature of grievance expressed in this writ petition, this Court is of the opinion that the case of the petitioners is covered by the said order. As such, this writ petition also stand disposed of by issuing a direction in the line of the judgement and order dated 24/07/2023. The writ petition stands disposed of. JUDGE Comparing Assistant