Page No.# 1/11 GAHC010040992018 2026:GAU-AS:7914 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1325/2018 ALL ASSAM DEVELOPMENT AUTHORITY EMPLOYEES JOINT COUNCIL AND 2 ORS. REP. BY ITS GENERAL SECRETARY SRI RATUL BORA, C/O. OFFICE OF THE DIBRUGARH DEVELOPMENT AUTHORITY, P.O. C.R. BUILDING, DIBRUGARH, 2: BANI KANTA BARUAH PRESIDENT ALL ASSAM DEVELOPMENT AUTHORITY EMPLOYEES JOINT COUNCIL C/O. OFFICE OF THE TINSUKIA DEVELOPMENT AUTHORITY CHALIHA NAGAR P.O. TINSUKIA 3: RATUL BORA GENERAL SECRETARY ALL ASSAM DEVELOPMENT AUTHORITY EMPLOYEES JOINT COUNCIL OFFICE OF THE DIBRUGARH DEVELOPMENT AUTHORITY P.O. CR BUILDING DIBRUGARH R/O. CHENING CHAPORI (OLD THANA ROAD) P.O. DIBRUGAR VERSUS THE STATE OF ASSAM AND 27 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, P.O. DISPUR, GHY., ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/11 URBAN DEVELOPMENT DEPTT. P.O. DISPUR GHY. ASSAM 3:THE COMM. AND SECY. URBAN DEVELOPMENT DEPTT. GOVT. OF ASSAM P.O. DISPUR DIST. KAMRUP ASSAM GHY. 4:DIRECTOR TOWN AND COUNTRY PLANNING GOVT. OF ASSAM P.O. DISPUR DIST. KAMRUP ASSAM GHY. 5:THE KOKRAJHAR DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN P.O. AND DIST. KOKRAJHAR ASSAM 6:THE SILCHAR DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN PWD ROAD P.O. SILCHAR DIST. CACHAR ASSAM 7:THE TINSUKIA DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN CHALIHA NAGAR P.O. AND DIST. TINSUKIA ASSAM 8:THE DIBRUGARH DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN MILAN NAGAR (NEAR D.C. OFFICE) P.O. C.R. BUILDING DIST. DIBRUGARH ASSAM 9:THE SIBSAGAR DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN Page No.# 3/11 CENTRAL MARKET P.O. AND DIST. SIBSAGAR ASSAM 10:THE JORHAT DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN FUKAN ALI P.O. AND DIST. JORHAT ASSAM 11:THE SONARI DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN P.O. SONARI DIST. CHARAIDEO ASSAM 12:THE NAZIRA-SIMULGURI DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN P.O. NAZIRA DIST. SIBSAGAR ASSAM 13:THE GOLAGHAT DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN K.K. PATH P.O. AND DIST. GOLAGHAT ASSAM 14:THE TEZPUR DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN N.T. ROAD P.O. TEZPUR DIST. SONITPUR ASSAM 15:THE DERGAON DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN A.T. ROAD P.O. DERGAON DIST. GOLAGHAT ASSAM 16:THE NAGAON DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN AMALAPATTY NEAR RED CROSS TINIALI P.O. AND DIST. NAGAON ASSAM Page No.# 4/11 17:THE JAGIROAD DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN P.O. JAGIROAD DIST. MORIGAON ASSAM 18:THE NORTH LAKHIMPUR DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN CD ROAD P.O. AND DIST. NORTH LAKHIMPUR ASSAM 19:THE BONGAIGAON DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN NEAR CHILARAI HOSPITA BORPARA P.O. AND DIST. BONGAIGAON ASSAM 20:THE KARIMGANJ DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN NEAR DTO OFFICE STEEMAR GHAT ROAD P.O. AND DIST. KARIMGANJ ASSAM 21:THE DHUBRI-GAURIPUR DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN AK DAS GUPTA ROAD P.O. AND DIST. DHUBRI ASSAM 22:THE NALBARI DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN B.K. ROAD P.O. AND DIST. NALBARI ASSAM 23:THE BISWANATH CHARIALI DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN P.O. BISWANATH CHARIALI DIST. SONITPUR ASSAM. 24:THE DIPHU DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN DIPHU Page No.# 5/11 DIST. KARBIANGLONG ASSAM 25:THE BARPETA DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN NEAR CHAWLKHOWA RIVER P.O. AND DIST. BARPETA ASSAM 26:THE GOALPARA DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN P.O. AND DIST. GOALPARA ASSAM 27:THE DHEMAJI DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN CHUKAFA NAGAR P.O. AND DIST. DHEMAJI ASSAM 28:THE MANGALDAI DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN MILANPUR W/NO. 10 P.O. MANGALDOI DIST. DARRANG ASSA Advocate for the Petitioner : MR. P K ROY, MR. S K CHAKRABORTY,MRS A CHAKRABORTY,MS. M DUTTA Advocate for the Respondent : GA, ASSAM, MS. M BORUAH,MR. N HAQUE (R25),MR. P J SAIKIA (R8),MS. M KECHII (R8),MR. B K PURKAYASTHA (R19, R5),MS. M BORUAH (R19, R5),MR. M I HUDA (R16),MR. K M HALOI (R16),MS I DAS (R16),MR. B DAS (R16) Page No.# 6/11 BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN Advocate for the petitioner(s): Mr. Mr. P.K. Roy, Senior Advocate Ms. A. Chakraborty, Advocate Advocate for the respondent(s): Mr. D. Bora, Government Advocate Ms. M. Kechi, Advocate Date on which judgment was reserved :NA Date of pronouncement of judgment :02.06.2026 Whether the pronouncement is of the : operative part of the judgment?:NA Whether the full judgment has been :Yes pronounced? JUDGMENT AND ORDER (ORAL) Heard Mr. P.K. Roy, learned Senior Advocate assisted by Ms. A. Chakraborty, learned Counsel for the petitioner, Mr. D. Bora, learned Government Advocate Page No.# 7/11 and Ms. M. Kechi, learned Counsel for the respondent. 2. By this application filed under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondent authorities for payment of the monthly salaries to the petitioners every month and also for provincialization of their services. They have also prayed for grant of retirement benefits like pension, gratuity, CPF etc as is given to the State Government employees. 3. The case of the petitioner no. 1, which is an association of employees is that they are working under various development authorities of Assam constituted by Government under the provisions of Section 8A of the Assam Town and Country Planning Act, 1959. The petitioners states that the post held by them are subject to previous sanction of the State Government. The petitioners have been working since the day of their appointment but they were not paid regular monthly salary and being aggrieved they have submitted various representations before authorities for monthly salary as well as basic service benefits together with post retiral benefits. Unable to get any relief, the petitioners had approached this Court earlier but in spite of directions given by this Court, no positive steps were taken by the Government towards redressal of their grievance. One of the petition filed by the petitioner was WP(C) No. 6773/2010 and this Court vide order dated 21.01.2015 disposed of the said writ petition by holding inter alia that under the Assam Town and Country Planning Act, 1959 and the rules framed there under, a duty is cast on the authorities to make rules with the previous sanction of the Government with regard to service conditions of the employees including provisions for and maintaining provident fund and retirement benefit but authorities have not framed any rules. It was also observed that the petitioners did not get salary in time and that they are Page No.# 8/11 getting wages at a very poor rate even after working for years together and that they retire without any retirement benefits. By the said order, it was directed that the respondent authorities should consider the representations filed by the petitioners with the further direction that the Principal Secretary/Secretary to the Government of Assam, Urban Development Department to consider the grievance of the petitioners and dispose of the representations by a speaking order within a time frame. It was also directed that the authorities must frame service rules for its employees. In pursuance to the said order, the Government of Assam in the Department of Urban Development issued an order dated 28.05.2015 stating inter alia that the development authorities are required to collect fees and other revenues on their own to carry out their activities and payment of salary. It was also stated that the grants given by the Government is only to supplement the said efforts of the development authorities. 4. Mr. P.K. Roy, learned Counsel for the petitioner submitted that as per Section 48 of the Assam Town and Country Planning Act, 1959, although it is provided that the authority shall form a separate development fund and all expenditures under the Act shall be defrayed out of the said fund but in Section 50 of the said Act, the Government is empowered to make grants, advances and loans to the authority as the Government may deem necessary for the performance of functions of the authority under the Act. As such, he submits that Government can give grants to the development authority from where the salary can be paid to the employees. He had placed the judgment of the Hon’ble Supreme Court in Kapila Hingorani Vs. State of Bihar reported in (2005) 2 SCC 262 by which the Apex Court had held that the State Government should pay the salaries of the employees of public sector undertakings not on the ground that they are bound to pay the said salaries but the employees have a Page No.# 9/11 human right and also the fundamental right under Article 21 of the Constitution of India to which the States are bound to protect. It was further observed that salaries of the employees should be paid in furtherance of human and fundamental rights and not by way of enforcement of their legal rights. He has also placed the report prepared by the General Secretary of the petitioners associations wherein it was reflected the pending salary which is required to be paid to the employees up to the month of May, 2026. It is further reflected in the said report that in respect of 14 districts, the employees were not paid for many months together. 5. On the other hand, Mr. D. Bora, learned Government Advocate placed Section 8G(2) of the Assam Town and Country Planning Act, 1959, which provides that officers and employees of the authority shall be entitled to receive salaries and allowances as may be fixed by the authority and shall be governed by such terms and conditions of service as may be determined by rules and regulations made in this behalf. He however submits that no such rules and regulations have been framed. He has also placed Rule 17 and 22 of the Assam Town and Country Planning (Management of Authority) rules, 1963 by which the powers in case of officers as well as servants of the authority concerned lies with the development authority. He had also stated that the amount and nature of salary, fees and allowances to be paid to the officer or servant has to be decided by the development authority. He, however, submitted that the development authority in certain cases has to take previous sanction from the State Government. He also placed Section 48 of the said Act which provides that Government can only provide grants as well as other financial help to the authority in case it is required. 6. Although there is no responsibility saddled on the Government to pay the Page No.# 10/11 salaries or give financial benefits to the employees of the development authority but at the same time, it cannot be lost sight of the fact that the employees do have a human right as well as a fundamental right under Article 21 of the Constitution of India to get the financial remuneration from the authorities concerned for the work done by them for the benefit of the State. It is not in dispute that the employees under the development authority had performed their duties for years together but without any regular salary, which goes against the basic fundamental rights of the employees. As such it is directed that the petitioner’s associations should file a representation before the Principal Secretary to the Government of Assam, Urban Development Department, Dispur for looking into the grievance of non payment of regular salary to the employees of the development authority. The concerned authority is directed to consider Section 50 of the Assam Town and Country Planning Act, 1959 which provides that the Government may make such grants, advances and loans to the authority while looking into the grievance of the petitioners being a model employer. It be stated that the development authority is not able to raise sufficient funds for payment of salaries to its employees and since Section 50 provides that Government may give grants whenever it is necessary for performance of functions of the authority which will also include the salaries of the employees by implication, the said grievance of the employees be considered in the light of the same. Further the authorities concerned is also directed to frame rules and regulations providing for the service conditions of the employees without any delay and till the regulations are brought into force, the Government in the Urban Development Department may make policy decisions and provide financial assistance to the development authority in exercise of its power under Section 50 of the said Act. Page No.# 11/11 7. With these observations, the petition is disposed of. JUDGE Comparing Assistant