WP(C) 2072/2009 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr J Abedin, learned counsel for petitioners, as well as Mrs HM Phukan, le arned state counsel appearing for the respondent nos.1 to 4. Also heard Mr DA Ka iyum, learned counsel for the respondent no.5. The petitioners, by these writ petitions, have prayed for a direction to the respondent authorities for releasing their balance dues payable to them for the works executed by them under the Sampurna Gramin Rojgar Yojana (SGRY) schem e contending inter alia that though they executed the works to the satisfaction of all concerned they have not been paid their dues, due to the negligence of so me officials of the Darrang zilla parishad. According to the petitioners, after discontinuance of the SGRY programme and creation of a new scheme under the Nati onal Rural Employment Guarantee Act (NREGA) though the fund available with the S GRY during the financial year 2006-07 was transferred to the NREGA on 4.3.2008, the amounts due and payable to them have not been paid. Learned counsel for petitioners, during the course of argument, produced a communication dated 1st July 2009 issued by the Chief Executive Officer(CEO), Darrang zilla parishad to the Principal Secretary to the government of Assam, P anchayat and Rural Development Department seeking advice from the latter on paym ent of outstanding bills to the petitioners. According to learned counsel, since the Principal Secretary is yet to give a reply to the said communication, the C EO is not in a position to take any action on the matter. Learned counsel, there fore, submits that the Principal Secretary may be directed to consider the said communication dated 1st July 2009 and pass necessary order and if need be, sanct ion additional fund for payment to the petitioners. Learned state counsel placing reliance on statements made in the affidav it-in-opposition filed by the respondent nos.3 & 4 submitted that that the amoun t due and payable to the petitioners could not be paid due to non-availability o f fund and when the additional fund is made available by the government, whateve r the amount is due and payable to the petitioners, the same would be paid to th em. Learned counsel for the respondent no.5 submitted that he had been remov ed from the office of the Chairman of the Darrang zilla parishad and in his plac e the new incumbent had taken over charge of the office. It appears from communication dated 1st July 2009(a copy which has been produced before this Court by learned counsel for petitioners) that the Chief Ex ecutive Officer sought advice from the Principal Secretary on release of the fun d to the petitioners against the works executed by them, indicating in details t he facts. It also appears that the fund available under the SGRY, amounting to R s.2,49,21,260/-(rupees two crore fourty-nine lakhs twenty-one thousand two hundr ed sixty) only, was merged with NREGA fund on 4.3.2008. The Principal Secretary is yet to react to the said communication. Affidavit-in-opposition filed by resp ondent nos.3 & 4 also indicates no fund is available and unless additional fund is made available by the government, the CEO is not in a position to release the same. In view of above, the present petitions are disposed of directing the Pr incipal Secretary to government of Assam, Panchayat and Rural Development Depart ment to look into the matter and after considering the communication dated 1st J uly 2009 to pass an order with regards to the claim of the petitioners and also to issue appropriate direction to the CEO of the Darrang zilla parishad accordin gly. The said exercise is directed to be completed within a period of 2(two) months from the day when a certified copy of this order together with a complete set of writ petition is submitted before the said authority by the petitioners. The writ petitions are accordingly disposed of. No costs.