Assam: Ensure regular salaries of FT members, directs Gauhati High Court

Staff Reporter

Guwahati: The Gauhati High Court has directed the state government to ensure that ‘the withdrawal of the power of DDO from the Members of the Foreigners’ Tribunals (FTs), if any, should not come in the way of regular payment/drawal of the salaries by the FT members.’

The single-judge bench of Justice Suman Shyam issued the direction while hearing a case related to the infrastructure in the Foreigners Tribunals in the state (WP(C)/1754/2015).

After hearing the submissions of the counsel for the parties, the bench deliberated on the four issues that were the bone of contention. The bench stated that in so far as the steps initiated or action taken with regard to Issue Nos.1 and 2, regarding the low rate of disposal in some of the FTs and library facilities in the FTs, the department may require some more time to come out with some defined outcome of the process. The matter covered by issue No. 3 has already been addressed by holding training programmes. However, the stand of the department pertaining to issue No. 4, related to providing law journals to the FT members, appeared to be completely unsatisfactory, the bench noted. Therefore, it directed that at least two local journals, viz., GLR and GLT, be furnished to each of the Members of FTs on a regular basis with effect from the month of May, 2025.

At that stage, H. K. Das, the Amicus Curiae, also invited the attention of the bench to the fact that the power of Drawing and Disbursing Officer (DDO) has been withdrawn from the Members of the FTs, thus adversely affecting their functioning. He submitted that the FT Members have also been deprived of the power of drawing their salary and allowances, thereby causing serious difficulty in the functional sphere. Therefore, he sought appropriate directions to be issued by the court in this regard.

Responding to this, D. Mazumdar, the Senior Additional Advocate General, Assam, submitted that since this matter was not within his knowledge, he be granted some time to seek instruction.

The bench observed that Mazumdar’s request appeared to be reasonable and thereby allowed it. However, it was made clear that the respondents would be at liberty to take appropriate steps in the matter so as to ensure that withdrawal of the power of DDO from the Members of the FTs, if any, should not come in the way of regular payment/drawal of the salaries by the FT Members.

The Court directed the matter to be listed again on June 24, 2025.

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