THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY, KARIMGANJ AND ORS. Vs. THE DISTRICT LEGAL SERVICES AUTHORITIES, KARIMGANJ AND ORS.

JUDGEMENT

(1.) Heard Mr. B.D. Das, the learned senior counsel appearing for the Petitioners. Also heard Mr. S. Borthakur, learned counsel who represents few of the private respondents, all of whom are on the same footing, in both the cases. The Karimganj District Legal Services Authorities (respondent No.1) is represented by the learned Advocate Ms. R.B. Bora.

(2.) The unemployment allowance under Section 7 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short 'the NREGA' ), was ordered to be paid to the registered job card holders by the Karimganj District Legal Services Authority and this is challenged by the Project Director, D.R.D.A., Karimganj in both the cases. According to the petitioners, the disbursal of unemployment allowance is subject to the economic capacity of the State Government under Sub-Section (2) of Section 7 of NREGA. The petitioners also question the jurisdiction of the Lok-Adalat to issue direction, for disbursal of unemployment allowance for the private respondents.

(3.) The issues raised in both the cases are similar and common arguments are advanced, but the facts in this order are noted from the WP(C) No.6472/2010, for the sake of convenience.