Citation : 2021 Latest Caselaw 143 Gua
Judgement Date : 19 January, 2021
Page No.# 1/3
GAHC010163282020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1940/2020
ALIM UDDIN LASKAR
HEAD MASTER, ALOMBAG B.T., M.E. SCHOOL, VILL. BALIGHAT,
SALCHAPRA, ARUNACHAL, DIST. CACHAR, ASSAM.
VERSUS
S K BHUYAN AND 2 ORS.
DIRECTOR, ELEMENTARY EDUCATION, ASSAM, KAHILIPARA,
GUWAHATI-19.
2:SRI PREETOM SAIKIA
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
3:SRI SHYAM JAGANNATH
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR. M H LASKAR
Advocate for the Respondent : MR. A DEKA
Linked Case : Cont.Cas(C)/438/2018
Page No.# 2/3
ALIM UDDIN LASKAR
HEAD MASTER
ALOMBAG B.T. M.E. SCHOOL
VILL. BALIGHAT
SALCHAPRA
ARUNACHAL
DIST. CACHAR
ASSAM.
VERSUS
S K BHUYAN AND 2 ORS.
DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
2:SRI PREETOM SAIKIA
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
3:SRI SHYAM JAGANNATH
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
------------
Advocate for : MR. M H LASKAR Advocate for : MR. A DEKA appearing for S K BHUYAN AND 2 ORS.
Page No.# 3/3
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
19/01/2021
Heard Mr. M H Laskar, learned counsel for the applicant/petitioner.
For non-compliance of the judgment and order dated 14.05.2018 passed in WP(C) No. 2805/2017, the applicant as a petitioner already preferred a contempt petition being Cont. Cas(C) No.438/2018 which is pending adjudication in which the Director of Elementary Education, Assam is also a party respondent. Though, the concerned incumbent serving as Director of Elementary Education, Assam was made a party in the said contempt petition, he retired from service during pendency of this case. Thereafter, the petitioner submitted a representation on 24.08.2020 before the new Director of Elementary Education, Assam intimating her about the order dated 14.05.2018 passed in WP(C) No. 2805/2017 as well as about the pendency of the contempt petition. As no action has yet been taken by the new Director of Elementary Education, Assam with regard to the compliance of the said order dated 14.05.2018, noted above, the said petitioner as an applicant has preferred this interlocutory application for impleadment of the present Director of Elementary Education, Assam as a party respondent in the said Cont. Cas(C) No. 438/2018.
Considering the above and the submission of the applicant, he is allowed to implead the present Director of Elementary Education, Assam, Dr. Bijoya Choudhury, ACS as party contemnor/respondent No. 4 in said contempt Cas(C) No. 438/2018.
With the above observation and direction, this I.A. stands allowed.
JUDGE
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