Page No.# 1/4 GAHC010037092024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1147/2024 RAJESWAR SARMA AND ANR FORMER MEMBER, ASCPCR, S/O LATE MANIK CHANDRA SARMA, R/O HOUSE NO. 46, P.O.-KHARGHULI, DR BHUPEN HAZARIKA ROAD, P.S.- LATASIL, GUWAHATI, DIST- KAMRUP (M), ASSAM 2: DR. NANI GOPAL GOSWAMI FORMER MEMBER ASCPCR S/O LATE NARENDRA NATH GOSWAMI R/O HOUSE NO. 2 GHARAMARA SATRA PATH GEETANAGAR P.S.-NOONMATI GUWAHATI DIST-KAMRUP (M) ASSAM PIN-78102 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781006 3:THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/4 JUDICIAL DEPARTMENT E-BLOCK 2ND FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI-781006 4:THE ACCOUNTANT GENERAL OF ASSAM MAIDAM GAON BELTOLA GUWAHATI-781028 5:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT GOVERNMENT OF ASSAM UZAN BAZAR GUWAHATI-781001 6:THE CHAIRPERSON ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS BYE-LANE-I HOUSE NO. 3 SAMANNOY PATH SURVEY BASISTHA ROAD GUWAHATI-781028 7:THE SECRETARY ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS BYE LANE-I HOUSE NO. 3 SAMANNOY PATH SURVEY BASISTHA ROAD GUWAHATI-78102 Advocate for the Petitioner : MR. S P ROY, MS. V RAI,JYOTISH DAS Advocate for the Respondent : GA, ASSAM, SC, AG,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.06.2025 Heard Mr. S.P. Roy, learned counsel for the petitioners. Also heard Ms. M. Page No.# 3/4 Bhattacharjee, learned Additional Senior Government Advocate for the respondents no. 1, 3, 6, 7 & 9; Mr. P. Nayak, learned Additional Advocate General for the respondent no. 2 and Mr. R. Boro, learned Standing Counsel, Accountant General for the respondent no. 4. The petitioners were appointed as members of the Assam State Commission for Protection of Child Rights (ASCPCR). Upon entering into service for their respective appointed terms, the petitioners claim that certain amounts are due and payable to them by the respondents. These amounts include various entitlements such as allowances, arrear salary, travelling conveyance allowances, and dearness allowance (DA). According to the petitioners, Petitioner No. 1 is entitled to receive an amount of ₹59,65,409/-, while Petitioner No. 2 is entitled to receive ₹40,18,091/-. These figures are reflected in paragraph 12 of the additional affidavit filed by the writ petitioners. The respondents, on the other hand, have disputed the claims raised by the petitioners. They contend that the amounts payable to the petitioners have already been released. According to the respondents, a sum of ₹6,96,806/- has been paid to Writ Petitioner No. 1, and a sum of ₹29,84,767/- has been paid to Writ Petitioner No. 2. These figures are reflected in paragraph 7 of the affidavit- in-opposition filed by the respondent authorities. Although the pleadings have been completed and the matter is presently pending before this Hon’ble Court, the learned counsel for the petitioners submits that the petitioners may be permitted to approach the competent authority by filing a representation, ventilating their grievances. It is further submitted that, upon such representation being filed, the respondent authorities may be directed to consider the same and pass appropriate reasoned orders in accordance with law. The learned counsel also prays that any amounts found to Page No.# 4/4 be legitimately due to the petitioners be released without any further delay. The submission made by the learned counsel for the writ petitioners is not opposed by the learned counsel for the respondents. In view of the above, this writ petition stands closed without expressing any opinion on the merits of the case. In light of the prayers made, the writ petitioners are permitted to file a detailed representation before Respondent No. 1, namely, the Principal Secretary to the Government of Assam, Women & Child Development Department, Dispur, Guwahati, within two weeks from today. Upon such representation being filed, Respondent No. 1 shall consider the same and pass a reasoned and appropriate order in accordance with law, after affording the petitioners an opportunity of being heard. The said representation shall be disposed of within four weeks from the date of its receipt. In the event any amount is found to be payable to the petitioners, the same shall be released forthwith, without any further delay. The writ petition is accordingly disposed of in terms of the above directions. Interim orders if any stands vacated. Pending IAs are also dismissed. JUDGE Comparing Assistant