Page No.# 1/5 GAHC010148772022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5154/2022 SANJIB MAZUMDER S/O LT. SATYENDRA NATH MAZUMDER, R/O S.T. ROAD, BADARPUR, P.O. AND P.S.- BADARPUR, DIST.- KARIMGANJ, ASSAM, PIN- 788806. VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI- 781006, DIST.- KAMRUP (M), ASSAM. 2:STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI- 781006 KAMRUP (M) ASSAM. 3:THE DIRECTOR MUNICIPAL ADMINISTRATION DEPTT. ASSAM DISPUR GUWAHATI- 781006 DIST.- KAMRUP (M) ASSAM. 4:THE CHAIRPERSON BADARPUR MUNICIPAL BOARD BADARPUR DIST.- KARIMGANJ Page No.# 2/5 ASSAM PIN- 788806. 5:THE EXECUTIVE OFFICER BADAROUR MUNICIPAL BOARD BADARPUR DIST.- KARIMGANJ ASSAM PIN- 788806. 6:THE DEPUTY COMMISSIONER KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 788806. 7:THE OFFICE SUPERINTENDENT CUM ACCTT. OFFICER OFFICE OF THE BADARPUR MUNICIPAL BOARD BADARPUR DIST.- KARIMGANJ ASSAM PIN- 788806 Advocate for the Petitioner : MR. B BARUAH, MR. C BARUAH,MR S HUSSAIN Advocate for the Respondent : GA, ASSAM, MR B DAS (R-4,7),MS B DEVI(R-4,7),MR. S. J. SARKAR(R-4,7),MR. S P CHOUDHURY(R-4,7),SC, U D D,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 04/03/2025 Heard Mr. B. Baruah, learned counsel for the writ petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 1, 3, 5 & 6 and Mr. S. Sarkar, learned counsel appearing on behalf of Mr. S.P.Choudhury, learned counsel representing the respondent nos. 4 & 7. None has appeared for the respondent no. 2. By the order dated 31/03/2010, the writ petitioner herein was engaged by the erstwhile Badarpur Town Committee as a fixed pay contractual worker to work as J.E. on consolidated pay of Page No.# 3/5 Rs. 4500/- per month. The appointment order dated 31/03/2010 was issued as per the resolution No.1 adopted in the meeting of the Town Committee dated 07/10/2009. Subsequently, the Town Committee had adopted another resolution in its meeting held on 27/08/2012 whereby, a decision was taken to extend regular pay scale to the fixed pay employees. Notwithstanding such resolution, since the benefit of regular pay scale was not extended to the petitioner, he has approached this Court by filing the instant writ petition. The Badarpur Town Committee has now been replaced by the Badarpur Municipal Board. The respondent no. 5 i.e. the Executive Officer of Badarpur Municipal Board has filed affidavit on 08/11/2023, inter-alia projecting that the Badarpur Municipal Board is not in a position to grant scale of pay to any of the fixed pay employees. The respondent nos. 4 & 7 have also filed joint counter affidavit. The statements made in paragraph 3 of the counter affidavit filed by the respondent nos. 4 & 7 is reproduced herein below for ready reference :- “3. That the respondent no. 5 being the Executive Officer of the Badarpur Municipal Board has filed already filed one Affidavit-In-Opposition thereby took a stand that the resolution of the Municipal Board with regard to the payment of salary to the petitioner as per scale was duly communicated to the Director of Municipal Administration, Govt. of Assam vide letter dated 06/09/2024 for necessary approval but inspite of repeated communications there was no reply from the side of the concerned authority and in view of not receiving instruction from the Director, Municipal Administration, the Badarpur Municipal Board couldn’t take any step with regard to the resolution so adopted by the Board on 27/08/2012. That the answering respondent no. 4 & 7 beg to state that even after repeated persuasion by the Board, no communication was received from the Director of Municipal but even after repeated persuasion no direction was received by the Board from the office of the Director, Municipal Administration, Govt. of Assam clarifying the responsibility of the Board to make payment of salary and other allowances from the fund of the Board. After institution of the aforesaid Writ Petition, it has come to the notice of the board vide letter dated 17/09/2024 issued by the Director, Municipal Administration wherein it has been specifically mentioned that as per Sec. Page No.# 4/5 50(1) of the Assam Municipal Act, it is incumbent upon the board to bear all the expenses of the staffs of the board but such opinion was never communicated to the board as such the board was under the presumption of not making payment of the enhanced salary and other allowances but in view of the aforementioned communication, the board is under legal obligation to pay the enhanced salary and other allowances to the concerned person. It is necessary to mention herein that in view of the communication dated 17/09/2024, the duty is casted upon the board to pay the enhanced salary and other allowances but in view of not making proper communication to the Board by the concerned authority during the relevant period of time, no liability can be imposed upon the board to pay the arrear enhanced salary and other allowances admissible to the aforementioned petitioner.” Today when the matter is called up, Mr. Baruah, learned counsel for the petitioner has produced a copy of the resolution no. 4 adopted in the special meeting of the Badarpur Municipal Board held on 27/09/2024 whereby, a decision had been taken to extend the benefit of regular pay scale in case of as many as 12 fixed pay employees. Accordingly, those employees are now drawing a pay scale. However, although the name of the writ petitioner also finds place in the list of beneficiaries, yet, his case for grant of regular pay scale has been kept in abeyance due to the pendency of this writ petition. Mr. S. Sarkar, learned counsel for the respondent nos. 4 & 7 submits that if the petitioner submits the requisite documents, his case will also be processed for grant of regular pay scale. Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, has also contended that as per section 50 of the Assam Municipal act, 1956, it will be open for the Municipal Board to grant regular pay scale to its employees and since a decision has already been taken by the Board to grant regular pay scale to other similarly situated fixed pay employees, hence, there is no reason as to why, similar benefit should not be given to the writ petitioner as well. Taking note of the submission made by the learned counsel for the respective parties, this writ petition is being disposed of with the direction upon the respondent nos. 4, 5 & 7 to process the case Page No.# 5/5 of the petitioner for grant of regular pay scale. Such pay scale will be granted to the writ petitioner, with arrear dues, if any, by computing the same with effect from the date on which his juniors engaged as fixed pay employees by the Board were granted the benefit of regular pay scale. The pecuniary benefit, in terms of the order of this Court, shall be made available to the petitioner within 90(ninety) days from the date of receipt of a certified copy of this order, failing which, interest @ 12% per annum, from the date of this order till realization, on the dues payable to the petitioner, would be recoverable by the writ petitioner. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant