WP(C) 5912/2010 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Both the writ petitions being analogous have been heard together and are being d isposed of by this common order. The prayer made in the writ petitions are as follows: i. to pay the monthly salaries and allowances from 1996 to 31st March 2010 except for the month of May and June, 1996 to the Sessional Permanent employees at the rate of Rs. 2700.00 per month. ii. To provide retaining allowances since the date of appointment/joining ti ll date except for the period of 1994 to 95 and 1995-96 at the rate of Rs. A-50% , B-25% and C-15% to the Grade-III and IV employees; iii. To provide the voluntary retirement scheme benefit to the retired employ ees along with provident fund and other allowances. iv. To provide the gratuity to the petitioners as per the norms prescribed b y the respondents and/or cause or causes being shown upon hearing the parties on perusal of the records be pleased to make the Rule absolute by providing comple te and adequate relief to the petitioners and/or pass such order or orders as Yo ur Lordships may seem fit and proper. According Mr. B. Gogoi, learned Standing Counsel, Finance Department, as per his instruction an amount of Rs. 3640.61 lacs has already been sanctioned by the Fi nance Department on 5.5.2010 for meeting closure liabilities of the Assam Co-ope rative Sugar Mill Ltd. in which the petitioners were the employees. Necessary ch eque containing the said amount was issued on 17.5.2010. In the counter affidavit filed by the respondent No. 2 i.e. the Co-operation Dep artment, it has been stated thus: 17. That with regard to the statements made in paragraph 14 of the writ petitio n, the deponent states that the Managing Director of the Mill dated 30.6.2005 su bmitted a list of employees prepared by the Chief Accounts Officer of the Mill t o the Registrar of Cooperative Societies, Assam, in the matter of payment of int erim relief. But as the aforesaid list contained the names of retired employees, the Registrar of Cooperative Societies, Assam informed the Zonal Joint Registra r of Cooperative Societies, Jorhat to re-submit a correct list. Accordingly the then Zonal Joint Registrar of Cooperative Societies, Jorhat dated 11.8.2005 inst ructed the Chief Accounts Officer of the Mill to submit a list of the existing o fficers and staff for consideration of pay of interim relief. But the Chief Acco unts Officer of the Mill having failed to furnish a correct list, the payment of the interim relief has not been possible. 18. That with regard to the statements made in paragraph 15 of the writ petition , the deponent states that the mill is a Cooperative Society and as above in par agraph 15 of this affidavit, action was initiated long back, but could not be ma terialized as some legal complicacies have cropped up. After issue of notice of correction of deed of lease on 5.7.2006. The Assam Cooperative Apex Bank Ltd. Go vt. on 12.7.2006 to reconsider the mater for review of the aforesaid notice in t he interest of the Bank, as the Bank had filed a Money Suit against the private party on 22.2.2001 before the Hon’ble Court of the Civil Judge (Sr. Divn) Golagh at for realization of an amount of Rs. 15.73 Crore and that the cancellation of the deed of lease would hamper their recovery status. 19. That with regard to the statements made in paragraph 16 of the writ petition , the deponent states that as the writ petitioners had themselves admitted the f act that the question of revival of the mill does not arise at all, the future o f the mill will decide as per Section 65 of Assam Cooperative Society Act, 1949 in the matter of payment of salary etc. to the employees will be taken care of a s per provision of Rule 99(2) of the Assam Cooperative Society Rules, 1953 and f inally the registration of the mill has been cancelled by the Registrar of Coope rative Societies, Assam on 22.3.2010 and appointed Sri Sanjib Baruah, Deputy Reg istrar of Cooperative Societies, Jorhat as the Liquidator of Assam Cooperative S ugar Mill Ltd., Barua Bamungaon, Golaghat by the same Notification. In view of the stand of the Finance Department, I dispose of the writ petition d irecting the respondents to examine the case of the petitioners in the light of the prayer made in the writ petition and also the fact that the Finance Departme nt has provided the aforesaid amount towards materialization of the closure liab ility. Let entire exercise be carried out as expeditiously as possible, preferably with in four months from today. Whatever may be the outcome of such exercise, same sh all be communicated to the representative of the petitioners.