Andaman And Nicobar Pri Karamachari Sangh And ANR v. The Honble Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/554/2024 Andaman and Nicobar PRI Karmachari Sangh and another Vs.

The Hon'ble Lieutenant Government and Others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 11, 2024 [SR] Item No.14 1.

Based on the directions of 06.11.2024, Mr. Shatadru Chakraborty, has obtained instructions.

2.

It is submitted that the order dated 12th July, 2023 and subsequent orders do not apply to every department of the Administration. There are large number of criteria to be met with for attracting the Circular for payment of 1/30th minimum pay plus dearness allowance to the DRMs under PRI. This court is however unable to accept the argument.

3.

Mr. Chakraborty has placed before this Court records of discussion of the verification committee constituted vide Office Order No.1552 dated 26.08.2023. The said committee was constituted to ensure strict compliance of the Circulars dated 12.07.2023 and dated 10.08.2023.

4.

There appear to be two classes of DRMs - one engaged prior to 08.04.2015 and those engaged thereafter. The number of DRMs that a PRI can engage is also stipulated under the rules framed in terms of Circular dated 12.07.2023.

5.

The Pradhan of the concerned Gram Panchayat, respondent no.5, shall ensure strict compliance of all rules of engagement of DRMs and ensure payments of 1/30th of pay plus Dearness Allowance only to the extent of number of DRMs that he is authorised to engage in accordance with the rules framed thereunder.

6.

It appears that in respect of some Gram Panchayats, more than four DRMs have been engaged and are being paid. Some Gram Panchayats are engaging four DRMs and were not paying the 1/30th of minimum pay along with Dearness allowance. In fact, in some Gram Panchyats, the number of persons engaged is unknown and DRMs are employed at the the whim and fancy of the PRI concerned. The question of payment of 1/30th of minimum pay plus D.A is a far cry for some DRMs in some Gram Panchayats.

7.

Let each Pradhan, Gram Panchayat/PRI concerned submit a detailed report to respondent no.4 within a period of two months from the date of receipt of copy of this order indicating the number of DRMs, the date from which they have been engaged, the quantum of wages actually made to them since inception and since after the Circulars dated 12.07.2023 and 10.08.2023.

8.

The records maintained in respect of the said DRMs and the period of their engagement, the details of accounts of the payment to the DRMs shall also be sent by the Pradhan to the respondent no.4.

9.

The respondent no.4 shall thereafter issue necessary directions to the Gram Panchayats and ensure strict

implementation of the aforesaid Circulars dated 12.07.2023 and 10.08.2023.

10.

With the above said directions, the writ petition is disposed of.

11.

There shall be no order as to costs.

12.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )