Page No.# 1/6 GAHC010113162018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3682/2018 ILA TUMUNG AND 9 ORS. S/O RAJENDRA TUMUNG VILL. TETELIA, PO GANDHI NAGAR, DIST KAMRUP(M), ASSAM 2: KHAGEN BHUYAN S/O LATE UMA BHUYAN VILL. MITANI PO MALAYBARI DIST KAMRUP M ASSAM 3: PRAMILA MEDHI W/O PHUKAN MEDHI VILL. LUM-SUM PO GANDHI NAGAR DIST KAMRUP(M) ASSAM 4: KANAK RANGPEE S/O LATE GAJING RANGPEE VILL. TETELIGURI PO GANDHI NAGAR DIST KAMRUP(M) ASSAM 5: SABITA THAKURIA W/O BABUL THAKURIA VILL LUM SUM PO GANDHI NAGAR DIST KAMRUP(M) ASSAM 6: PRADIP BORO S/O DHANA RAM BORO VILL REWA MAHESWAR PO MALAYBARI DIST KAMRUP (M) ASSAM Page No.# 2/6 7: BINA BORO W/O PUWAL BORO VILL. TETELIA PO GANDHI NAGAR DIST KAMRUP(M) ASSAM 8: NALANI BHUYAN W/O LATE GANESH BHUYAN VILL. LUM SUM PO GANDHI NAGAR DIST KAMRUP(M) ASSAM 9: MUKUNDA SARMA S/O DULAL SARMA VILL TETELIGURI PATHAR PO GANDHI NAGAR DIST KAMRUP(M) ASSAM 10: SABATI KUMAI W/O JUGESWAR KUMAI VILL TETELIGURI PATHAR PO GANDHI NAGAR DIST KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE PRINCIPAL SECY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPT , ASSAM DISPUR GHY, 781006 2:THE SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEV. DEPT. ASSAM DISPUR GHY 781006 3:THE FINANCE COMMISSION OF INDIA MINISTRY OF FINANCE DEPT OF ECONOMICS AFFAIRS NORTH BLOCK NEW DELHI 110001 4:THE STATE FINANCE COMMISSION GOVT OF ASSAM DISUR 06 Page No.# 3/6 5:THE COMMISSIONER PANCHAYAT AND RURAL DEV. ASSAM PANJABARI JURIPAR GHY 37 6:THE DEPUTY COMMISSIONER KAMRUP(M) PO PAN BAZAR DIST KAMRUP (M) ASSAM 785621 7:THE CHIEF EXECUTIVE OFFICER KAMRUP METRO ZILLA PARISHAD GOLAGHAT PO AND DIST KAMRUP M ASSAM 781001 8:THE BLOCK DEVELOPMENT OFFICER DIMORIA DEVELOPMENT BLOCK PO SONAPUR DIST KAMRUP METRO ASSAM 782402 9:THE GOAN PANCHAYAT SECRETARY TETELIA GAON PANCHAYAT PO SONAPUR DIST KAMRUP M ASSAM 78240 Advocate for the Petitioner : MR. M KHAN, A HUSSAIN,KAKALI DEVI Advocate for the Respondent : GA, ASSAM, MR P NAYAK(R-4),MR. K K PARASAR(R3),MR. G BORDOLOI (R-6,7,8),SC, FINANCE,SC, PNRD BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.06 .2025 Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. P. Thappa, learned counsel appearing on behalf of Mr. S. Dutta, learned Standing Counsel, P&RD Department and Ms. M. Bhattacharjee, learned Addl. Senior Government Advocate for the State respondents. Page No.# 4/6 2. By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to release their arrear remuneration for the period during which they had discharged their duties as President, Vice President and Members of Gaon Panchayat. 3. The case of the petitioners is that in the panchayat elections which were held on 12.02.2013, petitioners were elected as President, Vice-President and Members of 60 No. Tetelia Gaon Panchayat under Dimoria Development Block in the district of Kamrup (M). Thereafter, petitioner Nos. 1 & 2 were elected as the President and Vice-President and the remaining petitioners were elected as Members of the said Gaon Panchayat. They continued in office till 11.04.2018. 4. It is submitted that by virtue of Court’s order, petitioners have continued as such till 11.04.2018. 5. Assam Panchayat (Administrative) Rules, 2002 (2002 Rules) provides for remuneration to be paid to President, Vice President and Members of Panchayats. By notification dated 10.12.2012 issued by the Govt. of Assam in the Panchayat and Rural Development Department, the 2002 Rules were amended by the Assam Panchayat (Administrative) (Amendment) Rules, 2012 enhancing the quantum of remuneration for President, Vice President and Members. 6. Therefore, it is evident that President, Vice President and Members of Gaon Panchayat are entitled to remuneration in terms of the 2002 Rules as amended by the Assam Panchayat (Administrative) (Amendment) Rules, 2012. Page No.# 5/6 7. Grievance of the petitioners is that for the entire period for which they were functioning, they were not paid their remuneration. However, throughout the term of five years the petitioners received only for 17 months remuneration thereafter they have not been paid their remuneration. Hence, this writ petition. 8. No affidavit is available in the case record filed by the State respondents. 9. Learned counsel for the petitioners submits that in identical cases i.e. WP(C) No. 3525/2018 in Biju Sarma and Ors Vs. The State of Assam and Ors and in Poli Nagbongshi & Ors Vs. State of Assam & Ors reported in 2023 (2) GLT 605, this Court had directed the respondents to verify the claim and thereafter to pay the due remuneration. He therefore prays for a similar order. 10. Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate, Assam submits that claim of the petitioners has to be scrutinized and only after determination of their dues, if any, the same can be released. 11. Upon perusal of the pleadings available on the case record as well as having heard the learned counsel for the parties, this Court directs the respondents, more particularly respondent Nos. 5 and 6 to verify the claim of the petitioners and upon such verification, the claim, if found to be genuine then the respondents shall release the remuneration due to the petitioners in accordance with the provisions of the Assam Panchayat (Administrative) (Amendment) Rules, 2012. 12. The above exercise shall be carried out by the said respondents within a Page No.# 6/6 period of 6 (six) months’ from the date of receipt of a certified copy of this order. 13. Accordingly, this writ petition stands disposed of. JUDGE Comparing Assistant