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2026 DAILYLAW 4136 (GAU)

HRITENDRA MALAKAR AND ORS v. THE STATE OFASSAM AND ORS

WP(C)/1294/2026 · 2026-03-10

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010158642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1294/2026 HRITENDRA MALAKAR AND ORS S/O KSHITISH MALAKAR, R/O VILLAGE AND P.O.- MAIJATKANDI, P.S.- BADARPUR, DIST.- KARIMGANJ, ASSAM 2: JOY PRAKASH KARMAKAR S/O INDRAJIT KARMAKAR R/O- VILLAGE MURDIBOND. P.O- OLIVIACHERRA DIST.- KARIMGANJ ASSAM 3: MD RAFIQUE UDDIN S/O- MD ROSMAN ALI R/O- VILLAGE MALAIDIGHIRPAR P.O- MORJATKANDI P.S- BADARPUR DIST- KARIMGANJ ASSAM 4: ABDUL KAYUM S/O KHALAM MIYA R/O- VILLAGE MUGRAPUR P.O- MARJATKANDI ASSAM 5: AMINA BEGUM D/O ABDUL JABBAR R/O- SEKARBOND P.O- SADARASHI P.S- KARIMGANJ DIST.- KARIMGANJ ASSAM 6: MAMON RASID S/O KHALON UDDIN Page No.# 2/4 R/O VILLAGE BOSLA P.O- MARJATKANDI P.S- BADARPUR DIST.- KARIMGANJ ASSAM 7: ABDUL HAMID S/O TASIR ALI R/O- VILLAGE BASHAIL P.O- MARJAT KANDI P.S- BADARPUR DIST.- KARIMGANJ ASSAM 8: MD ABDUL HASIB S/O LATE ABDUL AZIZ R/O VILLAGE AND P.O- MAHAKAL P.S- BADARPUR DIST.- KARIMGANJ ASSA VERSUS THE STATE OFASSAM AND ORS THROUGH THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI- 781037 4:THE JOINT DIRECTOR OFFICE OF THE COMMISSIONERATE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI- 781037 Page No.# 3/4 5:THE CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD P.O AND DIST.- KARIMGANJ ASSA Advocate for the Petitioner : MR S DAS, MR. T DEWAN,MS. J GHOSH,MS. U NANDA Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.03.2026 Heard Mr. B Sinha, learned counsel for the petitioner. Also heard Mr. A.K Ghosh, learned Standing Counsel, P&RD. 2. The petitioners are working as Tax Collectors/Office Peons on casual basis in different Gaon Panchayats under the jurisdiction of respondent No.5. 3. The grievance of the petitioners before this Court is that their names are not included in the Pre-Assam Fiscal Responsibilities Budget Management List (in short, the AFRBML). 4. By way of the present writ petition, the petitioners are praying for inclusion of their names in the AFRBML and also for minimum scale of pay. 5. Mr. A.K.Ghosh, learned Senior Standing Counsel, P&RD submits that if the petitioners make individual representation along with their appointment orders, then the respondents would consider the matter within a specific period of time. 6. Recording the submission made by the learned Standing Counsel, P&RD, this writ petition is disposed of directing the petitioners to make individual representations to the concerned authority annexing their appointment orders within a period of two weeks from today. Thereafter, the concerned authority Page No.# 4/4 shall examine their individual representation and take a decision as to whether the petitioners can be included in the AFRBML prepared by the Department on 01.01.2020. 7. The entire exercise should be carried out and completed within a period of three months from the date of receipt of individual representation from the petitioners. 8. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant