Page No.# 1/3 vs Prof Sivaji Bandyopadhyay And Anr
2021 Latest Caselaw 3185 Gua

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GAHC010132442021




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

                        Case No. : Cont.Cas(C)/328/2021

         CHAMPALAL GORH AND 5 ORS
         JUNIOR ASSISTANT, S/O. LT. PURAN GORH, R/O VILL. BARAKHAI TEA
         ESTATE, P.O. NIT SILCHAR, P.S. SILCHAR, DIST. CACHAR, ASSAM.

         2: SADHURAM NUNIA
          JUNIOR ASSISTANT
          S/O. LT. DASARAT NUNIA
          R/O VILL. GHUNGOOR
          P.O. REC SILCHAR
          DIST. CACHAR
         ASSAM
          PIN-788010.

         3: SAHAB UDDDIN LASKAR
          SENIOR ASSISTANT
          S/O. ANOR ALI LASKAR
         VILL. DAKSHIN BARIK NAGAR
          P.O. REC SILCHAR
          DIST. CACHAR
         ASSAM
          PIN-788010.

         4: SATYA NARAYAN YADAV @ SATYA NARAYAN GOWLA
          RETIRED JUNIOR ASSISTANT
          S/O. LATE BISWA NATH YADAV
          R/O VILL. FAKIRTILLA
          P.O. REC SILCHAR
          DIST. CACHAR
         ASSAM
          PIN-788010.

         5: NILU KANTO PAUL @ NILU PAUL
          JUNIOR ASSISTANT
          S/O. SHRI NALINI KANTA PAUL
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              R/O VILL. BHARAKHAI
              P.O. SILCHAR
              P.S. SILCHAR
              DIST. CACHAR
             ASSAM.
             6: SAWPAN KUMAR DAS
              JUNIOR ASSISTANT
              S/O. LATE KALICHARAN DAS
              R/O VILL. BABUTILA
              P.O. NIT SILCHAR
              P.S. SILCHAR
              DIST. CACHAR
             ASSAM
             VERSUS
             PROF SIVAJI BANDYOPADHYAY AND ANR
             DIRECTOR CUM SECRETARY, NATIONAL INSTITUTE OF TECHNOLOGY
             SILCHAR, CACHAR (FORMERLY PRINCIPAL, REGIONAL ENGINEERING
             COLLEGE, SILCHAR), ASSAM, PIN-788010

             2:NALINI KANTA DEV CHOUDHURY
              REGISTRAR
             THE NATIONAL INSTITUTE OF TECHNOLOGY
              CACHAR
              SILCHAR
             ASSAM
              PIN-78801

Advocate for the Petitioner    : MR. S C BISWAS

Advocate for the Respondent : MR. S P CHOUDHURY (R-1)

                                     BEFORE
                   HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                              ORDER

29.11.2021

Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. S.P. Choudhury, learned counsel for the respondents.

This Court in its order dated 05.02.2021 passed in WP(C) 403/2021 had held the paragraph 5 as follows :

"5. In view of the fact that the selection process for filling up the vacant posts of Senior Assistant/Junior Assistant in terms of the Advertisement dated 17.03.2019 has Page No.# 3/3

concluded, the writ petition is closed as infructuous. However, the respondent Nos. 2, 3, 4 and 5 are directed to examine and consider whether the petitioners can be given the minimum scale of pay in terms of the Judgment of the Apex Court in the case of State of Punjab Vs. Jagjit Singh (Supra). The same should be done within a period of six months from the date of receipt of a copy of this order"

Mr. S.P. Choudhury has submitted a letter no. NITS/PA/BoG-S83/21 dated 05.08.2021 issued by the Registrar, NIT, Silchar and which is addressed to the General Secretary NIT Workers Union, i.e. the petitioner no.1 which is to the following effect :

"Sub-Judgment of the Hon'ble Gauhati High Court in WP(C) 403/2021-reg Dear Shri Gorh, With reference to the subject cited above and in consideration to the order of the Hon'ble Gauhati High Court in WP(C) 403/2021 issued vide dated 06.02.2021, this is to inform that the Institute had send the proposal along with other details to the Ministry of Education for its consideration. The Ministry of Education vide its letter F. No.15-12/2016-T.S. III dated 04.08.2021 conveyed the Ministry's approval to the proposal for adjusting the Muster Roll workers against the vacant positions of other non-teaching cadre and to fix pay of 69 skilled MR Workers at the minimum of Pay Level-I and the remaining 15 Highly Skilled MR Workers at the minimum of Pay Level-3. Further post-fixation of minimum pay scale, the Muster Roll Workers shall remain as temporary workers only and shall not be considered as regularly appointed employees.

However, the Ministry in supersession of its earlier letter dated 04.08.2021 issued the directives vide its letter F. No.15-12/2016-T.S. III dated 05.08.2021 wherein the Ministry convey its approval to grant minimum rates of wages as prescribed by the Ministry of Lavour & Employment to Muster Roll employees of the Institute.

This is communicated for your kind information. Further, the same may please be brought to the kind notice of all other Muster Roll workers of the Institute."

On considering the above letter dated 05.08.2021, this Court finds that the order passed in WP(C) 403/2021 has been complied. Accordingly the contempt petition stands closed.

The letter dated 05.08.2021 is made a part of the record and marked as Annexure-X.

JUDGE

Comparing Assistant