Gauhati High Court
Page No.# 1/6 vs P.K.Buragohain on 9 November, 2021
Page No.# 1/6
GAHC010000862017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/11/2018
JUGESWAR NATH
S/O- LATE GUNARAM NATH, R/O- VILL- SONARI CHAPARI, P.O- KEKURI,
SUB DIVISION AND P.S- DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM
2: RUHINI HAZARIKA
S/O- NAGEN HAZARIKA
R/O- VILL- NIDAN CHOWA
P.O- DHALPUR
P.S- BIHPURIA
DIST- LAKHIMPUR
ASSAM
3: KIRAN KUMAR PEGU
S/O- LATE DEOBAR PEGU
R/O- VILL- SONARI CHAPARI
P.O- KEKURI
SUB DIVISION AND P.S- DHAKUAKHANA
DIST- LAKHIMPUR
ASSAM
4: JOGEN LIGIRA
S/O- LATE MUHIRAM LIGIRA
R/O- JORHATIA (GELEKI)
P.O- DHALPUR
P.S- BIHPURIA
DIST- LAKHIMPUR
ASSAM
5: CHANDAN JYOTI HAZARIKA
S/O- SRI DHARMESWAR HAZARIKA
R/O- SAWKURI
P.O- DIKRANG
P.S- BIHPURIA
DIST- LAKHIMPUR
Page No.# 2/6
ASSAM
6: PRADIP HANDIQUE
S/O- SUKHIRAM HANDIQUE
R/O- JAMUGURI
P.O AND P.S- DHAKUAKHANA
DIST- LAKHIMPUR
ASSAM
7: NIRON CHANDRA BORUAH
S/O- TONKESWAR BORUAH
R/O- VILL- NO.2
KOWADONGA
P.O- KOWADONGA
DIST- LAKHIMPUR
ASSAM
8: BALURAM GOGOI
S/O- LATE RANJIT GOGOI (DHARANI)
R/O- CHOWKHAMGHAT
P.O AND P.S- GHILAMARA
LAKHIMPUR
ASSAM
9: MONSUR ALI
S/O- LATE JOBAN ALI
R/O- DIKHOWMUKHIA
P.O- KHANAJAN
DIST- LAKHIMPUR
ASSAM
10: MANIKANTA MILI
S/O- SRI KOILANG MILI
R/O- MOMOKHUR
P.O- AHOMONI
DIST- LAKHIMPUR
ASSAM
11: DHARMENDRA SAIKIA
S/O- LATE DINA SAIKIA
R/O- PERABHARAI
P.O- NOWBOICHA
BONGALCHUK
LAKHIMPUR
ASSAM
12: PROMOD GOHAIN
S/O- LATE BOM NATH GOHAIN
Page No.# 3/6
R/O- RAMPUR
DEORI
VILL- RAJGARH
KACHARI
DIST- LAKHIMPUR
ASSAM
13: THARKA BAHADUR MAGAR
S/O- LATE MANDHAJ MAGAR
R/O- GOPALPUR
P.O- SAGARPUR
P.S- LALUK
DIST- LAKHIMPUR
ASSAM
14: TILAK BORUAH
S/O- LATE SONESWAR BORUAH
R/O- NO.2
KOWADONGA
P.O- KOWADONGA
DIST- LAKHIMPUR
ASSA
VERSUS
P.K.BURAGOHAIN
THE PRINCIPAL COMMISSIONER AND SECRFTARY TO THE GOVT OF
ASSAM,PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI- 6, ASSAM
7:KHARGESWAR PEGU
THE DEPUTY SECRETARY TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6
ASSAM
8:J B EKKA
THE COMMISSIONER AND PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-22
ASSAM
Page No.# 4/6
9:PRASANTA PHUKAN
THE JOINT DIRECTOR FINANCE(ECONOMIC AFFAIRS) DEPARTMENT
DISPUR
GUWAHATI-6
10:INDRANI LASKAR
THE JOINT DIRECTOR
O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-22
ASSAM
11:PRADIP DOLEY
THE CEO
LAKHIMPUR ZILA PARISHAD
LAKHIMPUR
P.O AND P.S- LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
PIN- 787001
12:DAISY DUTTA
THE LAKHIMPUR ZILLA PARISHAD
REP. BY ITS PRESIDENT
LAKHIMPUR
P.O AND P.S- LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
PIN- 787001
13:RESPONDENT-6
RES.-
Advocate for the Petitioner : MR. P BOIRAGI
Advocate for the Respondent : MS. A VERMA
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 09.11.2021.
The order which is the subject matter of this contempt petition by which the
termination orders of the petitioners were set aside and the cases of the petitioners were
required to be considered afresh in the light of the discussions made in the judgment is dated
31.05.2017. It was specifically mentioned in the judgment that on reinstatement of the
petitioners, there should not be any impediment for grant of fixed wages of Rs.4500/- per
month to the petitioners.
The time granted for compliance of the order was three months from the date of
receipt of a certified copy. Admittedly, the aforesaid order dated 31.05.2017 was not
challenged in any higher forum and has attained finality.
After hearing Ms. A Verma, learned counsel for the respondent nos. 1, 2 and 3 as well
as Shri P Nayak, learned counsel for the respondent no. 4, it appears that except from
exchange of communications, the directions contained in the aforesaid order dated
31.05.2017 is yet to be complied with.
Considering that a period of more than four years have elapsed and the order is yet to
be complied with coupled with the fact that this contempt is itself pending since the year
2018, this Court is of the view that the respondents herein are required to be present in
person to explain as to the steps taken for compliance of the aforesaid order of this Court and
the inordinate delay as to why the same has not been complied with till date.
This Court, accordingly directs the respondent no. 3, Dr. JB Ekka, IAS, who is presently
the Principal Secretary, Panchayat & Rural Development Department and the respondent no.
4, Shri Prasanta Phukan, Joint Director Finance (Economic Affairs) Department, Government
of Assam to be present in person in Court on 24.11.2021 at 10.30 am.
Since the said respondents are represented by their learned counsel, there is no
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requirement to send any fresh notices. However, a copy of this order may be furnished to Ms.
A Verma and Shri P Nayak, learned counsel for the respective respondents for doing the
needful.
JUDGE
Comparing Assistant
