Page No.# 1/4 GAHC010031872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/982/2025 GIRIDHAR HAZARIKA SO LATE BUDU RAM HAZARIKA RO VILLAGE VOGPUR, P.O. VOGPUR CHARIALI DISTRICT LAKHIMPUR, ASSAM PIN 787033 2: MUNINDRA BAIRAGI S/O LATE ATUL BAIRAGI RESIDENT OF VILLAGE PURANI GUDAM PO PURANI GUDAM DIST NAGAON ASSAM 782141 3: SAPNA RANI HAZARIKA W/O LATE SUNIL HAZARIKA RESIDENT OF VILLAGE BARANGATALI PO BARANGATALI DIST. NAGAON ASSAM 782141 4: MINA KUMARI DEVI W/O DIPJYOTI SARMA RESIDENT OF PO AND PS NORTH LAKHIMPUR DIST LAKHIMPUR ASSAM 5: RUMIZA AHMED PO AND PS LAKHIMPUR DIST LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM and ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF Page No.# 2/4 ASSAM, DISPUR, GUWAHATI - 781006, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI - 781006 ASSAM 4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED REPRESENTED 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 - 781007 ASSA Advocate for the Petitioner : DR. P K GOSWAMI, MR A BARMAN Advocate for the Respondent : SC, FINANCE, SC, FINANCE AND TAXATION,MR. N. UPADHYAY, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 12-03-2025 Heard Dr. P.K. Goswami, learned counsel for the writ petitioner. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam appearing for the respondent No. 3 and Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam appearing for the Page No.# 3/4 respondent No. 1. Mr. P. Nayak, learned standing counsel, Finance Department, Assam is present on behalf of respondent No. 2. It is submitted at the Bar that respondent Nos. 4 and 5 are no longer in existence. The petitioner Nos. 1, 2, 4 and 5 are the former employees of the now defunct Assam State Minor Irrigation Development Corporation Ltd. (ASMIDCL). The petitioner No. 3 is the widow of a former employee of the ASMIDCL. The grievance of the petitioners is to the effect that despite the direction issued by this Court vide judgment and order dated 13-05-2022 passed in W.P.(C) No. 9562/2019, the full VRS benefits have not been paid to the petitioners till date. Mr. Goswami submits that the case of the petitioners is squarely covered by the judgment and order dated 13-05-2022 passed by this Court and therefore, this writ petition be disposed of accordingly. Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam, has submitted in his usual fairness that the case of the petitioners is covered by the judgment and order dated 13-05-2022. Mr. Upadhyay has also submitted that save and except HR, Medical benefits and CCA allowance, all other benefits under the VRS scheme have already been given to the writ petitioners. The above assertion made by Mr.Upadhyay has not been contested by Mr. Goswami, learned counsel for the writ petitioners. In W.P.(C) No. 9562/2019, similarly situated persons had approached this Court by raising a similar grievance. The said writ petition was disposed of by this Court vide order dated 13-05-2022 issuing following direction:- Page No.# 4/4 “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 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 wrangle at the Bar that the case of the writ petitioners is covered by the judgment and order dated 13-05-2022, this writ petition stands disposed of at the stage of motion hearing by providing that the case of the petitioners shall also be considered in terms of the direction issued by the learned Single Judge vide judgment and order dated 13- 05-2022 and within the timeline prescribed therein. JUDGE GS Comparing Assistant