Rabindra Nath Konch vs Preetom Saikia And 2 Ors
2021 Latest Caselaw 2241 Gua

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GAHC010066242020




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

                               Case No. : Cont.Cas(C)/189/2020

            RABINDRA NATH KONCH
            S/O- LATE TOSHESWAR KONCH, R/O- VILL.- SARU AJOHA GAON, P.O.
            KALAKATA, DIST.- DHEMAJI, ASSAM, PIN- 787057.



            VERSUS

            PREETOM SAIKIA AND 2 ORS.
            THE COMMISSIONER AND SECRETARY OF ELEMENTARY EDUCATION
            DEPARTMENT, DISPUR, GUWAHATI-6.

            2:SANJEEV KUMAR BHUYAN
            THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-19.

            3:KABITA DEKA
            THE DEPUTY INSPECTOR OF SCHOOLS
             DHEMAJI
             DIST.- DHEMAJI
            ASSAM
             PIN- 787057

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : MR S M T CHISTIE




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
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                                           ORDER

16.09.2021

Heard Mr. KR Patgiri, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned counsel for all the respondent contemnors.

2. This contempt petition is instituted for a willful and deliberate violation of the order dated 04.09.2019 in WP(C)1956/2017. By the order dated 04.09.2019, the following direction was passed in paragraph 6 thereof which is extracted as below:

"6. In view of the above the writ petition is disposed of by directing the authorities to ensure that the expert committee examines the issue of non-payment of the salary of the petitioner. It is also made clear that since the service of the petitioner has not been terminated and he was not amongst the 193 teachers whose services were terminated, the delay in payment of salary of the petitioner cannot be accepted. The authority will accordingly, ensure payment of the salary of the petitioner within a period of 6 months from the date of receipt of a certified copy of this order failing which an interest at the rate of 6% per annum shall be levied on the amounts due.

The authorities are at liberty to recover the aforesaid interest on the persons responsible for the delay in payment for the salary to the petitioner whose service had not been terminated so far."

3. The first part of the direction in paragraph 6 requires the respondent authorities to place the claim of the petitioner for salary before the Expert Committee constituted pursuant to the direction of this Court in Sudhendu Mohan Talukdar Vs. State Of Assam And Ors. reported in (2007) 1 GLR 608.

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4. The second part of the direction is that the respondents to ensure that the payment of salary is made within a period of six months from the date of receipt of the certified copy of this order. The second part of the direction, if read independently dehors the first part would definitely indicate it to be a mandamus to pay the salary within a period of six months. But when the second part of paragraph 6 is read with the first part, we have to understand that firstly there is a requirement to place the claim of the petitioner for salary before the Expert Committee and if the Expert Committee forms an opinion that he is entitled to salary the same be made within a period of six months or else it would carry an interest.

5. It is stated that when the order dated 04.09.2019 was passed the respondent contemnor No.2 Sri Sanjeev Kumar Bhuyan was the Director of Elementary Education Assam. In the meantime, the concerned officer had laid down his office upon attaining the age of superannuation and the subsequent Director is Smt. Bijoya Choudhury.

6. We have taken note that that the subsequent Director Smt. Bijoya Choudhury has not been arrayed as the respondent contemnor in this contempt petition.

7. Considering the matter in its entirety, we are of the view that instead of further continuing with the contempt proceeding, the ends of justice would be met on a consequential order being passed that the present Director of Elementary Education, Smt. Bijoya Choudhury will do the needful to place the Page No.# 4/4

claim of the petitioner for payment of salary before the Expert Committee constituted as per judgment of the Court in Sudhendu Mohan Talukdar (supra) within a period of one month from today and upon the same being placed before the Expert Committee, the Expert Committee shall give its opinion within a period of one month thereafter. As the requirement of the order is to be complied with by the present Director Smt. Bijoya Choudhury, Mr. SMT Chistie, learned counsel for the respondent contemnors, undertakes to inform Smt. Bijoya Choudhury about the requirement of this order.

8. Accordingly, a copy of this order be provided to Mr. SMT Chistie, learned counsel for the respondent contemnors for doing the needful. In the event, the Expert Committee forms an opinion that the petitioner is entitled to the payment of salary, the second direction in paragraph 6 of the order dated 04.09.2019 shall hold good and the salary be paid within a period of six months and if not it would carry an interest @6% per annum.

9. Contempt petition stands closed in the above terms.

JUDGE

Comparing Assistant