POLI NAGBONGSHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of all the petitioners in the batch of the writ petitions. I have also heard Mr. P. Nayak, the learned Standing Counsel for the Finance Department as well as Mr. K. Konwar, the learned Standing Counsel, P&RD Department.

(2.) The dispute in the instant writ petitions relates to non-payment of the remuneration dues of the PRI members, who are the petitioners in the batch of writ petitions whose term ended in March, 2018.

(3.) It appears from Ss. 12 (2), 39 (2) and 71 of the Assam Panchayat Act, 1994 (for short, the Act of 1994) that the Presidents, VicePresidents and other members of the Gaon Panchayat, Anchalik Panchayat and Zilla Parishad respectively are entitled to receive certain allowances as may be prescribed in terms with the same and by virtue of Sec. 141 of the Act of 1994, the Assam Panchayat (Administrative) Rules, 2002 (for short, the Rules of 2002) was made by the State Government. In terms with Rules 13, 14 and 15 of the Rules of 2002, the Presidents, Vice-Presidents as well as each members of the Zilla Parishad, Anchalik Panchayat and Gaon Panchayat have been held to be entitled to certain monthly remuneration and sitting allowances. Relevant however to mention that in terms with Rules 13, 14 and 15 of the Rules of 2002, the remuneration to be paid to the Presidents, Vice-Presidents as well as the members of the Zilla Parishad, Anchalik Panchayat and Gaon Panchayat were to be made out of their own resources.