Must consider Foreigners Tribunals members' grievances: Gauhati High Court

STAFF REPORTER

GUWAHATI: The bench of Justice Suman Shyam of the Gauhati High Court has expressed the opinion that the Assam Government must consider the grievance of FT (Foreigners Tribunals) members and take a decision on the matter. A section of FT members has sought the review of their service conditions and enhancement of their salary and allowances. The bench has allowed one month (as prayed) for the Government Advocate to file an affidavit on or before February 20, 2023. The bench directed the Registry to list the matter again on February 22, 2023. It has also asked the Registrar (J) to bring to the notice of this bench any other issue arising which may require consideration by this monitoring bench.

The bench issued this order after hearing a writ petition (WP-C-1754/2015).

It is submitted at the bar that the functioning of the Foreigner Tribunals in Assam is not facing any major hurdle, and the minor issues relating to infrastructural matters, if any, are being looked into on a regular basis by the respective District Administration. Some members of the Foreigners Tribunals, recruited in 2015 and 2018 at a fixed remuneration of Rs 85,000 per month and house rent of Rs 4,000 per month, have submitted representation with a prayer that their service condition is suitably reviewed and their salary and allowances are enhanced.

The order said, "It appears that the question of revisiting the service conditions of the members of the Foreigners Tribunals, including enhancement of salary and allowances, came up for consideration on an earlier occasion. The learned Single Judge, by order on June 21, 2018, constituted a six-member committee headed by Sri Dilip Mazumdar, learned Additional Advocate General, Assam, as the Chairman of the Committee, to look into the matter and make recommendations. Accordingly, the six-member Committee made certain recommendations, which are reflected in the minutes of the meeting of the Committee held on July 9, 2018. The Committee recommended the enhancement of salary and allowances of the existing members of the Foreigners Tribunals in the manner indicated therein. However, in what manner, the recommendations of the Committee have, thereafter, been dealt with is not clear from the materials on record. Even the learned Government Advocate submits that he has no specific instruction on the aforesaid issue."

The order said, "Since the members of the Foreigners Tribunals, recruited in 2015 and 2018, have been rendering continuous service for several years and their tenures have also been extended by the Government from time to time, it is quite natural that they would have a legitimate expectation that there would be periodic review and enhancement of their salary and allowances. The other Government employees serving in various departments are given increments from time to time. Therefore, with the rising level of inflation and increase in the cost of living, such a request, coming from the members of the Foreigners Tribunals, cannot at all be brushed aside. This Court is, therefore, of the opinion that the Government of Assam must consider their grievance and take a decision in the matter."

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