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2022 Latest Caselaw 20 Gua

                                                                    Page No.# 1/4

GAHC010215072021




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

                        Case No. : Cont.Cas(C)/501/2021

         HEM CHANDRA KALITA AND 6 ORS
         S/O. LT. KAHIRAM KALITA, ASSTT. TEACHERE, MADHAB DEV HIGH
         SCHOOL, BHAGABATI PARA, DOA-29.12.1989, DOJ-01.01.1990, VILL.
         DAHATI, P.O. BATARHAT, DIST. KAMRUP, ASSAM, PIN-781122.

         2: PRADIP KALITA
          S/O. LT. NAREN CH KALITA
         ASSTT. TEACHEER
          DAKSHIN KAMRUP BIDYAPITH HIGH SCHOOL
          MONIARI TINALI
          DOA-31.03.2001
          DOJ-02.04.2001
         VILL. RAPAKUCHI
          P.O. MONIARI TINALI
          DIST. KAMRUP
         ASSAM
          PIN-781125.

         3: MUSSTT. SYEDA SALMA AHMED

          W/O. SYED MONOWAR HUSSAIN ASSTT. TEACHER
          JAWAHARLAL NEHRU HIGHER SECONDARY SCHOOL
          DOA- 21.09.1998 DOJ-26.09.1998 VILL. BAMUNGAON
          P.O. PUTHIMARI
          DIST. KAMRUP
          ASSAM
          PIN-781380.

         4: PARESH CH BARO
          S/O. LT. NAGEN CHANDRA BARO
         ASSTT. TEACHER
          BIRADUTTA HIGH SCHOOL
          DOA-01.03.2008
          DOJ-03.03.2008
                                     Page No.# 2/4

VILL. KA
MANI
P.O. MADHUKUCHI
DIST. KAMRUP
ASSAM
PIN-781354.

5: MD. SAMSUDDIN AHMED
 S/O. LT. HAKIBUDDIN AHMED
ASSTT. TEACHER
 CHANGSARI VIDYAPITH HIGH SCHOOL
 DOA-20.02.1992
 DOJ-21.03.1992
VILL. 2 NO. JALAH
 P.O. CHANGSARI
 DIST. KAMRUP
ASSAM
 PIN-781101.

6: MD. KADER ALI AHMED

S/O. LT. JUMAR ALI (AHMED)
ASSTT. TEACHER
CHHAYGAON HIGHER SECONDARY SCHOOL
DOA-18.05.1985
DOJ-20.05.1985
VILL. BHABANIPUR
P.O. CHHAYGAON
DIST. KAMRUP
ASSAM
PIN-781124.

7: SMT. RENU DAS
 D/O. LT. RATNESWAR DAS
ASSTT. TEACHER
 CHHAYGAON CHAMPAKNAGAR
 GIRLS HIGH SCHOOL
 DOA-17.04.1993
 DOJ-23.04.1993
VILL. CHOUDHURY PARA
 NEAR MV SCHOOL
 P.O. CHHAYGAON
 DIST. KAMRUP
ASSAM
 PIN-781124

VERSUS
                                                                        Page No.# 3/4

            MAMATA HOJAI AND ANR
            AES-I, THE DIRECTOR OF SECONDARY EDUCATION, ASSAM,
            KAHILIPARA, GUWAHATI, ASSAM, PIN-781019.

            2:APURBA THAKURIA

             AES-I INSPECTOR OF SCHOOLS
             KAMRUP DISTRICT CIRCLE
             KDC
             AMINGAON
             GUWAHATI
             ASSAM
             PIN-781031

Advocate for the Petitioner   : MR. A K DUTTA

Advocate for the Respondent :




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       O R D E R

03.01.2022

Heard Mr. B Purkayastha, learned counsel for the petitioner.

2. This contempt petition is instituted for a wilful and deliberate violation of the order dated 16.09.2021 in WP(C) No. 4005/2021. By the said order, it was provided that pursuant to the provisions in the communication dated 21.07.2016 of the Joint Director of Secondary Education, Assam, the petitioners are also entitled to one advance increment for having acquired the B.Ed degree. The said issue was decided by the Court in the judgment dated 18.07.2019 in WP(C) No. 8245/2018 and accordingly, there was a direction to the respondent authorities to verify the claim of the petitioners whether they fulfil the two conditions provided in the communication dated 21.07.2016 and if they do satisfy the two conditions, they may be given the benefits as given to other Page No.# 4/4

similarly situated persons. In paragraph 5 of the said order, there was also a provision that the requirement be done within a period of two months from the date of receipt of the certified copy of the order.

3. This contempt petition is instituted with a grievance that the requirement of the order dated 16.09.2021 in WP(C) No. 4005/2021 had not been complied with.

4. Considering the aspect that only about a month or so had gone by beyond the outer limit provided in the order dated 16.09.2021 in WP(C) No. 4005/2021, we are not inclined to issue notice of contempt for the present. But however, we reiterate the direction in the aforesaid order and require a compliance thereof within a period of two months from the date of receipt of a certified copy of this present order. In the event it is not done, a more serious view will be taken in the matter.

With the above observation, the contempt petition stands closed.

JUDGE

Comparing Assistant