GUWAHATI, India, July 2 -- Gauhati High Court issued the following order on June 2:

1. Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. P. Thappa, learned counsel appearing on behalf of Mr. S. Dutta, learned Standing Counsel, P&RD Department and Ms. M. Bhattacharjee, learned Addl. Senior Government Advocate for the State respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to release their arrear remuneration for the period during which they had discharged their duties as President, Vice President and Members of Gaon Panchayat.

3. The case of the petitioners is that in the panchayat elections which were held on 12.02.2013, petitioners were elected as President, Vice-President and Members of 60 No. Tetelia Gaon Panchayat under Dimoria Development Block in the district of Kamrup (M). Thereafter, petitioner Nos. 1 & 2 were elected as the President and Vice-President and the remaining petitioners were elected as Members of the said Gaon Panchayat. They continued in office till 11.04.2018.

4. It is submitted that by virtue of Court's order, petitioners have continued as such till 11.04.2018.

5. Assam Panchayat (Administrative) Rules, 2002 (2002 Rules) provides for remuneration to be paid to President, Vice President and Members of Panchayats. By notification dated 10.12.2012 issued by the Govt. of Assam in the Panchayat and Rural Development Department, the 2002 Rules were amended by the Assam Panchayat (Administrative) (Amendment) Rules, 2012 enhancing the quantum of remuneration for President, Vice President and Members.

6. Therefore, it is evident that President, Vice President and Members of Gaon Panchayat are entitled to remuneration in terms of the 2002 Rules as amended by the Assam Panchayat (Administrative) (Amendment) Rules, 2012.

7. Grievance of the petitioners is that for the entire period for which they were functioning, they were not paid their remuneration. However, throughout the term of five years the petitioners received only for 17 months remuneration thereafter they have not been paid their remuneration. Hence, this writ petition.

8. No affidavit is available in the case record filed by the State respondents.

9. Learned counsel for the petitioners submits that in identical cases i.e. WP(C) No. 3525/2018 in Biju Sarma and Ors Vs. The State of Assam and Ors and in Poli Nagbongshi & Ors Vs. State of Assam & Ors reported in 2023 (2) GLT 605, this Court had directed the respondents to verify the claim and thereafter to pay the due remuneration. He therefore prays for a similar order.

10. Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate, Assam submits that claim of the petitioners has to be scrutinized and only after determination of their dues, if any, the same can be released.

11. Upon perusal of the pleadings available on the case record as well as having heard the learned counsel for the parties, this Court directs the respondents, more particularly respondent Nos. 5 and 6 to verify the claim of the petitioners and upon such verification, the claim, if found to be genuine then the respondents shall release the remuneration due to the petitioners in accordance with the provisions of the Assam Panchayat (Administrative) (Amendment) Rules, 2012.

12. The above exercise shall be carried out by the said respondents within a period of 6 (six) months' from the date of receipt of a certified copy of this order.

13. Accordingly, this writ petition stands disposed of.

Disclaimer: Curated by HT Syndication.