Afzal Hussain vs Phanindra Jidung
2021 Latest Caselaw 568 Gua

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GAHC010251542018




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Cont.Cas(C)/512/2018

             AFZAL HUSSAIN
             S/O- SAHIRUDDIN AHMED, R/O- DALGAON, P.O. AND P.S. DALGAON, DIST-
             DARRANG, ASSAM



             VERSUS

             PHANINDRA JIDUNG
             DIRECTOR, SECONDARY EDUCATION, KAHILIPARA, GHY-19, DIST-
             KAMRUP (M), ASSAM

             2:SRI PREETOM SAIKIA
              IAS
              COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
              SECONDARY EDUCATION DEPARTMENT

Advocate for the Petitioner    : MR. S BORA

Advocate for the Respondent : MR. A DEKA




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                              ORDER

Date : 18-02-2021

Heard Mr. D.P. Mondal, learned counsel for the petitioner. Also heard Mr. SMT Chestie, learned counsel for the respondent/contemnor no. 1 as well as Mr. S.P. Bhattacharjee, learned counsel for the respondent/contemnor no. 2.

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2. This contempt petition is instituted for a willful and deliberate violation of the direction contained in the judgment dated 12.03.2018 in WP(C) No. 1187/2015. The direction of this Court is extracted as below:

"In the event of filing such representation by the petitioner within the time specified, the Director of Secondary Education, Assam shall place the case of the petitioner before the said Expert Committee (Committee constituted in terms of the judgment in Sudhendu Mohan Talukdar vs State of Assam) and the said Committee after scrutinizing the matter regarding entitlement of such salary by the petitioner for the period from 01.06.1996 to 19.09.2007, shall submit necessary report before the Commissioner and Secretary, Secondary Education Department and on the basis of such report of said Expert Committee said Commissioner and Secretary shall pass necessary order intimating the outcome of such Expert Committee to the petitioner. The respondents shall complete the entire exercise on or before October, 2018 without fail."

3. A reading of the direction shows that the first direction is to place the claim of the writ petitioner before the Expert Committee constituted in terms of the judgment in Sudhendu Mohan Talukdar vs State of Assam and the second direction is that the Committee shall after scrutinizing the matter regarding the entitlement of the salary by the petitioner for the period from 01.06.1996 to 19.09.2007, shall submit a report before the Commissioner and Secretary to the Government of Assam in the Secondary Education Department and thereafter, the Commissioner and Secretary shall pass a necessary order intimating the outcome of the Expert Committee to the petitioner.

4. Mr. SMT Chestie, learned counsel for the respondent/contemnor no. 1 has produced a copy of the minutes of the Expert Committee meeting held on 05.12.2020 wherein the claim of the petitioner Mr. Afzal Hussain was considered but the decision of the Committee is that after considering the records the claim stood rejected.

5. Though the subsequent requirement of intimating the petitioner had not been done but that cannot be a reason for sustaining this contempt petition. We require the respondent/contemnor no. 1 to provide a copy of the minutes of the Expert Committee to the learned counsel for the petitioner which shall be sufficient compliance of the direction of this Court.

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6. Accordingly, contempt petition stands closed.

7. Petitioner is given the liberty to assail the minutes of the Committee, if so advised.

8. A copy of the minutes be kept on record.

JUDGE

Comparing Assistant