ZAKIR HUSSAIN SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Hussain, learned counsel for the petitioners; Mr. M Nath, learned Standing Counsel, P & RD and Mr. D Nath, learned Additional Senior Government Advocate, Assam.

(2.) The petitioners were elected as members of Gauripur Anchalik Panchayat, Debitola Anchalik Panchayat and Jamadarhat Anchalik Panchayat in Dhubri district of Assam in the election held in the year 2012. As per Section 12 (2) of the Assam Panchayat Act, 1994 (hereinafter referred to as 'the Act'), the President, Vice-President and Ward Members of a Gaon Panchayats and Anchalik Panchayats are entitled for monthly remuneration. The Assam Panchayat (Administrative) Rules, 2002 (hereinafter referred to as 'the Rules') were framed in exercise of powers conferred by Section 141 of the Act. Rule 14 (i) of the Rules governs the service conditions and provides monthly remuneration to the non-officials of the Anchalik Panchayat as President at the rate of Rs. 1500/-, Vice-President at the rate of Rs. 1000/- and Rs. 500/- to the Members only per month out of its own resources. By Gazette Notification dated 10.12.2012 the Governor of Assam was pleased to make amendment of the aforesaid provisions of Rules 13, 14 & 15 of the Rules and enhanced the monthly remuneration of the President of Anchalik Panchayat from Rs. 1500/- to Rs. 7500/-; Vice-President from Rs. 1000/- to Rs. 5000/- and Ward Members from Rs. 500/- to Rs. 2500/-. The petitioners received their monthly remuneration for about 5 months only and thereafter no remuneration was paid to them. The five year term of the petitioners had already expired on 20.03.2018 but no initiative has been taken by the authority in this regard. Hence, this writ petition is filed for a direction to release the petitioners' monthly remuneration of remaining 55 months.

(3.) WP(C) 2067/2019 ( Khagen Chetia and others vs. The State of Assam and others ) was disposed of on 01.04.2019 by this Court. The petitioners therein claimed for the similar reliefs and the same was disposed of with a direction for verification as to the service rendered by the petitioners as the President, Vice-President and Members of different Wards of the Panchayat and for necessary action. Accordingly, the learned counsel for the respondents also raised no objection in disposing of this writ petition with a similar direction as the one earlier disposed of by this Court. For the said reason this writ petition can be disposed of at the motion stage itself.