Page No.# 1/5 GAHC010220562023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5779/2023 SAMALYA LANGTHASA W/O- LATE SAJAL LANGTHASA, R/O- VILL.- DAMADI HAWAR, P.O. MAIBANG, DIST.- DIMA HASAO, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HILLS AREA DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS ROADS DEPARTMENT DISPUR GUWAHATI-06 4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM N.C.HILLS AUTONOMOUS COUNCIL DIMA HASAO HAFLONG ASSAM PIN- 788819 5:THE EXECUTIVE ENGINEER P.W.D. (R AND B) MAIBANG DIVISION Page No.# 2/5 MAIBANG DIST.- DIMA HASAO ASSAM PIN- 788831 6:THE TREASURY OFFICER MAIBANG SUB TREASURY MAIBANG DIST.- DIMA HASAO ASSAM PIN- 78883 Advocate for the Petitioner : MR H TALUKDAR, MRS. M DEKA,MR. K D SARMA Advocate for the Respondent : SC, DIMA HASAO, SC, PWD,SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.05.2025 Heard Mr. H Talukdar, learned counsel for the petitioner. Also heard Mr. RM Das, learned Standing Counsel, Dima Hasao and Mr. P Nayak, learned Additional Advocate General, Assam for the Public Works Department. 2. By filing this writ petition, the petitioner is seeking direction to the respondent authorities to release the entitlement i.e. arrear salary for the period of 01.08.2017 to 28.02.2020 in respect of the petitioner’s husband. 3. The facts of the case is that the petitioner’s husband was appointed as a MR Labour on 17.02.1995 under the Office of the Executive Engineer, PWD Page No.# 3/5 (R&B), Maibang Division, Maibang either as a Fixed Pay employees or Casual employees under the respondent no.5. It is the specific case of the petitioners that in terms of the Judgment rendered by the Division Bench of this Court in W.A. No. 45 of 2014, the respondent no.5 by order dated 29.06.2019 brought the petitioner to the Minimum Pay Scale and has been paying the same w.e.f 01/03/2020. However, since the arrears w.e.f. 01/08/2017 to 28/02/2020 has not been paid, the petitioner has approached this Court by filing the writ petition. 4. It is submitted by the learned counsel for the parties that the issues involved in this writ petition are akin to the issues which were decided by a Co- ordinate Bench of this Court in WP(C) No.5741/2023 by the judgment and order dated 03.10.2024. The said judgment and order dated 03.04.2025 is quoted herein below: “…… 3. The facts of the case is that the petitioners were appointed on different dates before AFRBM period i.e. 1st September 2005, either as M.R labourer or Fixed Pay employees or Casual employees under the respondent no.5. 4. It is the specific case of the petitioners that in terms of the Judgment rendered by the Division Bench of this Court in W.A. No. 45 of 2014, the respondent no.5 by order dated 29/06/2019 brought the petitioners to the Minimum Pay Scale and has been paying the same w.e.f 01/03/2020. However, since the arrears w.e.f. 01/08/2017 to 28/02/2020 has not been paid, the petitioner approached this Court by filing W.P(C) No. 5160/2022 wherein, this Court by order dated 30/08/2022 directed the respondent No. 5 to submit a demand for budget allocation for payment of arrear salary. Thereafter, the respondent no.5 by letter dated 09/09/2022 submitted the said demand before the respondent no. 3, but the same was Page No.# 4/5 not accorded. Situated thus, present writ petition has been filed. 5. Heard the learned Counsels for both the parties and perused the material available on record. 6. Today when the matter has been called for admission, Mr. C. Sarma, learned Standing Counsel, Dima Hasao, submits the instructions received from the Office of the Executive Engineer, PWD (R&B), Maibang Division, Maibang, Dima Hasao, dated 01/10/2024, whereby it is informed that pending arrear salary as claimed in the instant petition is not yet paid due to the supplementary demand proposal being not yetsanctioned bythe Finance Department. A copy of the aforesaid instruction is reproduced hereunder for ready reference. “Sir, With reference to the subject cited above, I have the honour to inform you that Rajdeep Bodo had already drawn the pending arrear salary against 2023-2024 surplus salary budget. Therefore, there are no remaining pending salary that the claimant enjoins to. On the other hand, against WP (C) No. 5160/2022 (AmnikaThaosen) &Ors v/s State of Assam & ors), pending arrear salary is not yet paid as the supplementary demand proposal is not yet sanctioned by the Finance Department. The undersigned as submitted supplementary demand to the higher authority several times but financial sanction yet not received. Hence, the department is unable to make the payment WP (C) No. 5166/2022 (SmtAmnikaThaosen& 8 ors v/s State of Assam & ors). This is for favour of yours kind information and necessary action.” 7. Apparent reading of the instruction that the said arrear salary is not being released to the petitioner due to the non-sanction of the Finance Department. 8. In view of the aforesaid instruction received, this Court, in the interest of justice, is of the considered view that this Writ Petition can be disposed of with a direction to the respondent authorities to release the pending arrear salary due to the petitioners after necessary verification in accordance with law within a period of 3 (three) months from today.” 5. After hearing the learned counsel for the parties and upon perusal of the materials available on record including the judgment and order dated 03.10.2024 passed in WP(C) No.5741/2023, this Court is of the considered view that the issues in the writ petition are similar in nature and it will be covered by the judgment and order dated 03.10.2024 passed in WP(C) No.5741/2023. 6. Accordingly, this Court, in the interest of justice, is of the considered view Page No.# 5/5 that this Writ Petition can be disposed of with a direction to the respondent authorities to release the pending arrear salary due to the petitioner’s husband w.e.f. 01/08/2017 to 28/02/2020 after necessary verification in accordance with law within a period of 3 (three) months from today. 7. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant