Gauhati High Court

WP(C)/3803/2026 of HITENDU RUDRAPAUL Vs THE STATE OF ASSAM AND 6 ORS. on 6 August 2026

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GAHC010145712026 2026:GAU-AS:11085 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3803/2026 HITENDU RUDRAPAUL S/O LATE HARENDRA CHANDRA RUDRAPAUL VILLAGE AND P.O. MAIZGRAM, P.S. AND DISTRICT-SRIBHUMI, ASSAM, PIN 788712 VERSUS THE STATE OF

GAHC010145712026

2026:GAU-AS:11085

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3803/2026

HITENDU RUDRAPAUL

S/O LATE HARENDRA CHANDRA RUDRAPAUL

VILLAGE AND P.O. MAIZGRAM, P.S. AND DISTRICT-SRIBHUMI, ASSAM, PIN 788712

VERSUS

THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF

ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI6.

2:THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM

FINANCE DEPARTMENT

DISPUR

GUWAHATI-6.

3:THE COMMISSIONER

PANCHAYAT RURAL DEVELOPMENT DEPARTMENT

PANJABARI ROAD

JURIPAR

GUWAHATI-37.

4:THE DISTRICT COMMISSIONER

SRIBHUMI

P.O. AND DISTRICT SRIBHUMI

ASSAM

PIN 788710.

5:THE CHIEF EXECUTIVE OFFICER

SRIBHUMI ZILLA PARISHAD

P.O.AND DISTRICT SRIBHUMI

ASSAM

PIN 788710

6:THE BLOCK DEVELOPMENT OFFICER

NORTH KARIMGANJ DEVELOPMENT BLOCK

P.O. GARDARASHI

DISTRICT SRIBHUMI

ASSAM

PIN 788710.

7:THE SECRETARY

MAIZGRAM GAON PANCHAYAT

P.O. MAIZGRAM

P.S. AND DISTRICT SRIBHUMI

ASSAM

PIN 78871

Advocate for the Petitioner : G UDDIN, P ADHIKARI,MS K TAYE,MR H I CHOUDHURY

Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM

BEFORE

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

07.08.2026

Heard Mr. G. Uddin, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department, Government of Assam for the respondent nos. 1, 3, 5, 6 & 7; Mr. M. Bhuyan, learned counsel on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department, Government of Assam for the respondent no. 2; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent no. 4.

2. The petitioner, who was the President of Maizgram Gaon Panchayat, District – Sribhumi, Assam, by filling this writ petition has sought for a direction for disbursement of his remuneration amounting to Rs. 1,06,667/- for the period from February, 2022 to January,

2024.

3. From the materials on record, it is noticed that the Secretary of Maizgram Gaon Panchayat [the respondent no. 7] had forwarded the proposal for disbursement of the remuneration amount in respect of the petitioner to the Chief Executive Officer, Sribhumi Zilla Parishad [the respondent no. 5]. The respondent 5 had, in turn, forwarded the matter to the Commissioner, Panchayat & Rural Development Department, Assam [the respondent no. 3] on 29.07.2024 for taking necessary action for disbursement of the outstanding remuneration of the petitioner for the period from 01.02.2022 to 01.01.2024 amounting to Rs. 1,06,667/- as the matter was pending since long time.

4. Today, Mr. Dutta, learned Standing Counsel, Panchayat and Rural Development Department has submitted, on receipt of instructions from the respondent no. 3, that the respondent no. 3 has forwarded the matter of disbursement of the outstanding remuneration to the State Government in the Panchayat and Rural Development Department by the Office Letter dated 06.08.2026. He has submitted that in the earlier proposal for financial sanction sent by the respondent no. 3 to the Government did not include the case of the petitioner and consequently, the outstanding remuneration amount could not be released to the petitioner. By writing to the State Government on 06.08.2026, the respondent no. 3 has sought necessary instructions in the matter from the State Government in the Panchayat and Rural Development Department.

5. From the materials on record, it has emerged that for serving as a President of Maizgram Gaon Panchayat the petitioner is entitled to receive the amount of Rs. 1,06,667/- for the period from February, 2022 to January, 2024 and it is, therefore, a responsibility on the part of the State respondents to disburse the said amount immediately.

6. Taking into consideration the undisputed fact that the petitioner is entitled to receive the afore-mentioned amount of Rs. 1,06,667/-, which amount is yet to be disbursed to him, and the submission of the learned Standing Counsel, Panchayat and Rural Development Department that the matter of disbursement of the amount is being processed, this writ petition is disposed of with a direction to the respondent authorities in the Panchayat and Rural Development [P&RD] Department, Government of Assam and the Finance Department, Government of Assam to complete the process of disbursement of the afore-mentioned amount of Rs. 1,06,667/- to the petitioner within a period of three months from the date of this order. There is no order as to cost. JUDGE Comparing Assistant

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