All Assam Development Authority Employees Joint Council And 2 Ors. vs The State Of Assam And 27 Ors.

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GAHC010040992018

2026:GAU-AS:7914


THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1325/2018
ALL ASSAM DEVELOPMENT AUTHORITY EMPLOYEES JOINT COUNCIL
AND 2 ORS.
REP. BY ITS GENERAL SECRETARY SRI RATUL BORA, C/O. OFFICE OF THE
DIBRUGARH DEVELOPMENT AUTHORITY, P.O. C.R. BUILDING,
DIBRUGARH,
2: BANI KANTA BARUAH
PRESIDENT
ALL ASSAM DEVELOPMENT AUTHORITY EMPLOYEES JOINT COUNCIL
C/O. OFFICE OF THE TINSUKIA DEVELOPMENT AUTHORITY
CHALIHA NAGAR
P.O. TINSUKIA
3: RATUL BORA
GENERAL SECRETARY
ALL ASSAM DEVELOPMENT AUTHORITY EMPLOYEES JOINT COUNCIL
OFFICE OF THE DIBRUGARH DEVELOPMENT AUTHORITY
P.O. CR BUILDING
DIBRUGARH
R/O. CHENING CHAPORI (OLD THANA ROAD)
P.O. DIBRUGAR
VERSUS
THE STATE OF ASSAM AND 27 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, P.O. DISPUR,
GHY., ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM

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URBAN DEVELOPMENT DEPTT.
P.O. DISPUR
GHY.
ASSAM
3:THE COMM. AND SECY.
URBAN DEVELOPMENT DEPTT.
GOVT. OF ASSAM
P.O. DISPUR
DIST. KAMRUP
ASSAM
GHY.
4:DIRECTOR
TOWN AND COUNTRY PLANNING
GOVT. OF ASSAM
P.O. DISPUR
DIST. KAMRUP
ASSAM
GHY.
5:THE KOKRAJHAR DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
P.O. AND DIST. KOKRAJHAR
ASSAM
6:THE SILCHAR DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
PWD ROAD
P.O. SILCHAR DIST. CACHAR
ASSAM
7:THE TINSUKIA DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
CHALIHA NAGAR
P.O. AND DIST. TINSUKIA
ASSAM
8:THE DIBRUGARH DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
MILAN NAGAR (NEAR D.C. OFFICE)
P.O. C.R. BUILDING
DIST. DIBRUGARH
ASSAM
9:THE SIBSAGAR DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN

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CENTRAL MARKET
P.O. AND DIST. SIBSAGAR
ASSAM
10:THE JORHAT DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
FUKAN ALI
P.O. AND DIST. JORHAT
ASSAM
11:THE SONARI DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
P.O. SONARI
DIST. CHARAIDEO
ASSAM
12:THE NAZIRA-SIMULGURI DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
P.O. NAZIRA
DIST. SIBSAGAR
ASSAM
13:THE GOLAGHAT DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
K.K. PATH
P.O. AND DIST. GOLAGHAT
ASSAM
14:THE TEZPUR DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
N.T. ROAD
P.O. TEZPUR
DIST. SONITPUR
ASSAM
15:THE DERGAON DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
A.T. ROAD
P.O. DERGAON
DIST. GOLAGHAT
ASSAM
16:THE NAGAON DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
AMALAPATTY
NEAR RED CROSS TINIALI
P.O. AND DIST. NAGAON
ASSAM

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17:THE JAGIROAD DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
P.O. JAGIROAD
DIST. MORIGAON
ASSAM
18:THE NORTH LAKHIMPUR DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
CD ROAD
P.O. AND DIST. NORTH LAKHIMPUR
ASSAM
19:THE BONGAIGAON DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
NEAR CHILARAI HOSPITA
BORPARA
P.O. AND DIST. BONGAIGAON
ASSAM
20:THE KARIMGANJ DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
NEAR DTO OFFICE
STEEMAR GHAT ROAD
P.O. AND DIST. KARIMGANJ
ASSAM
21:THE DHUBRI-GAURIPUR DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
AK DAS GUPTA ROAD
P.O. AND DIST. DHUBRI
ASSAM
22:THE NALBARI DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
B.K. ROAD
P.O. AND DIST. NALBARI
ASSAM
23:THE BISWANATH CHARIALI DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
P.O. BISWANATH CHARIALI
DIST. SONITPUR
ASSAM.
24:THE DIPHU DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
DIPHU

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DIST. KARBIANGLONG
ASSAM
25:THE BARPETA DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
NEAR CHAWLKHOWA RIVER
P.O. AND DIST. BARPETA
ASSAM
26:THE GOALPARA DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
P.O. AND DIST. GOALPARA
ASSAM
27:THE DHEMAJI DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
CHUKAFA NAGAR
P.O. AND DIST. DHEMAJI
ASSAM
28:THE MANGALDAI DEVELOPMENT AUTHORITY
REP. BY ITS CHAIRMAN
MILANPUR
W/NO. 10
P.O. MANGALDOI
DIST. DARRANG
ASSA
Advocate for the Petitioner : MR. P K ROY, MR. S K CHAKRABORTY,MRS A
CHAKRABORTY,MS. M DUTTA
Advocate for the Respondent : GA, ASSAM, MS. M BORUAH,MR. N HAQUE (R25),MR. P J
SAIKIA (R8),MS. M KECHII (R8),MR. B K PURKAYASTHA (R19, R5),MS. M BORUAH (R19,
R5),MR. M I HUDA (R16),MR. K M HALOI (R16),MS I DAS (R16),MR. B DAS (R16)

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BEFORE
HON’BLE MRS. JUSTICE SHAMIMA JAHAN
Advocate for the petitioner(s): Mr. Mr. P.K. Roy, Senior
Advocate
Ms. A. Chakraborty, Advocate

Advocate for the respondent(s): Mr. D. Bora, Government Advocate

Ms. M. Kechi, Advocate

Date on which judgment was reserved : NA
Date of pronouncement of judgment : 02.06.2026
Whether the pronouncement is of the :
operative part of the judgment?: NA
Whether the full judgment has been : Yes
pronounced?

JUDGMENT AND ORDER (ORAL)
Heard Mr. P.K. Roy, learned Senior Advocate assisted by Ms. A. Chakraborty,
learned Counsel for the petitioner, Mr. D. Bora, learned Government Advocate

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and Ms. M. Kechi, learned Counsel for the respondent.
2. By this application filed under Article 226 of the Constitution of India, the
petitioners have prayed for a direction to the respondent authorities for payment
of the monthly salaries to the petitioners every month and also for
provincialization of their services. They have also prayed for grant of retirement
benefits like pension, gratuity, CPF etc as is given to the State Government
employees.
3. The case of the petitioner no. 1, which is an association of employees is
that they are working under various development authorities of Assam
constituted by Government under the provisions of Section 8A of the Assam
Town and Country Planning Act, 1959. The petitioners states that the post held
by them are subject to previous sanction of the State Government. The
petitioners have been working since the day of their appointment but they were
not paid regular monthly salary and being aggrieved they have submitted
various representations before authorities for monthly salary as well as basic
service benefits together with post retiral benefits. Unable to get any relief, the
petitioners had approached this Court earlier but in spite of directions given by
this Court, no positive steps were taken by the Government towards redressal of
their grievance. One of the petition filed by the petitioner was WP(C) No.
6773/2010 and this Court vide order dated 21.01.2015 disposed of the said writ
petition by holding inter alia that under the Assam Town and Country Planning
Act, 1959 and the rules framed there under, a duty is cast on the authorities to
make rules with the previous sanction of the Government with regard to service
conditions of the employees including provisions for and maintaining provident
fund and retirement benefit but authorities have not framed any rules. It was
also observed that the petitioners did not get salary in time and that they are

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getting wages at a very poor rate even after working for years together and that
they retire without any retirement benefits. By the said order, it was directed
that the respondent authorities should consider the representations filed by the
petitioners with the further direction that the Principal Secretary/Secretary to
the Government of Assam, Urban Development Department to consider the
grievance of the petitioners and dispose of the representations by a speaking
order within a time frame. It was also directed that the authorities must frame
service rules for its employees. In pursuance to the said order, the Government
of Assam in the Department of Urban Development issued an order dated
28.05.2015 stating inter alia that the development authorities are required to
collect fees and other revenues on their own to carry out their activities and
payment of salary. It was also stated that the grants given by the Government is
only to supplement the said efforts of the development authorities.
4. Mr. P.K. Roy, learned Counsel for the petitioner submitted that as per
Section 48 of the Assam Town and Country Planning Act, 1959, although it is
provided that the authority shall form a separate development fund and all
expenditures under the Act shall be defrayed out of the said fund but in Section
50 of the said Act, the Government is empowered to make grants, advances and
loans to the authority as the Government may deem necessary for the
performance of functions of the authority under the Act. As such, he submits
that Government can give grants to the development authority from where the
salary can be paid to the employees. He had placed the judgment of the Hon’ble
Supreme Court in Kapila Hingorani Vs. State of Bihar reported in (2005) 2
SCC 262 by which the Apex Court had held that the State Government should
pay the salaries of the employees of public sector undertakings not on the
ground that they are bound to pay the said salaries but the employees have a

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human right and also the fundamental right under Article 21 of the Constitution
of India to which the States are bound to protect. It was further observed that
salaries of the employees should be paid in furtherance of human and
fundamental rights and not by way of enforcement of their legal rights. He has
also placed the report prepared by the General Secretary of the petitioners
associations wherein it was reflected the pending salary which is required to be
paid to the employees up to the month of May, 2026. It is further reflected in
the said report that in respect of 14 districts, the employees were not paid for
many months together.
5. On the other hand, Mr. D. Bora, learned Government Advocate placed
Section 8G(2) of the Assam Town and Country Planning Act, 1959, which
provides that officers and employees of the authority shall be entitled to receive
salaries and allowances as may be fixed by the authority and shall be governed
by such terms and conditions of service as may be determined by rules and
regulations made in this behalf. He however submits that no such rules and
regulations have been framed. He has also placed Rule 17 and 22 of the Assam
Town and Country Planning (Management of Authority) rules, 1963 by which
the powers in case of officers as well as servants of the authority concerned lies
with the development authority. He had also stated that the amount and nature
of salary, fees and allowances to be paid to the officer or servant has to be
decided by the development authority. He, however, submitted that the
development authority in certain cases has to take previous sanction from the
State Government. He also placed Section 48 of the said Act which provides that
Government can only provide grants as well as other financial help to the
authority in case it is required.
6. Although there is no responsibility saddled on the Government to pay the

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salaries or give financial benefits to the employees of the development authority
but at the same time, it cannot be lost sight of the fact that the employees do
have a human right as well as a fundamental right under Article 21 of the
Constitution of India to get the financial remuneration from the authorities
concerned for the work done by them for the benefit of the State. It is not in
dispute that the employees under the development authority had performed
their duties for years together but without any regular salary, which goes
against the basic fundamental rights of the employees. As such it is directed
that the petitioner’s associations should file a representation before the Principal
Secretary to the Government of Assam, Urban Development Department, Dispur
for looking into the grievance of non payment of regular salary to the employees
of the development authority. The concerned authority is directed to consider
Section 50 of the Assam Town and Country Planning Act, 1959 which provides
that the Government may make such grants, advances and loans to the
authority while looking into the grievance of the petitioners being a model
employer. It be stated that the development authority is not able to raise
sufficient funds for payment of salaries to its employees and since Section 50
provides that Government may give grants whenever it is necessary for
performance of functions of the authority which will also include the salaries of
the employees by implication, the said grievance of the employees be
considered in the light of the same. Further the authorities concerned is also
directed to frame rules and regulations providing for the service conditions of
the employees without any delay and till the regulations are brought into force,
the Government in the Urban Development Department may make policy
decisions and provide financial assistance to the development authority in
exercise of its power under Section 50 of the said Act.

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7. With these observations, the petition is disposed of.


JUDGE
Comparing Assistant