Sanjay Bodo vs Jayanta Kumar Goswami And Ors
2022 Latest Caselaw 2397 Gua

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GAHC010088352020




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

                               Case No. : Cont.Cas(C)/256/2020

            SANJAY BODO
            S/O. LT. KANU BODO, VILL. DAMADI HAWAR, P.O./P.S. MAIBANG, DIST.
            DIMA HASAO, ASSAM-788831.



            VERSUS

            JAYANTA KUMAR GOSWAMI AND ORS.
            CHIEF EXECUTIVE OFFICER, ASSAM KHADI AND VILLAGE INDUSTRIES
            BOARD, CHANDMARI, GUWAHATI-781003.

            2:ANUP KUMAR CHETIA
             EXECUTIVE OFFICER (HILLS)
            ASSAM KHADI AND VILLAGE INDUSTRIES BOARD
             DIPHU-782460.

            3:BABUL LEKHARU
             CHIEF EXECUTIVE OFFICER
            ASSAM KHADI AND VILLAGE INDUSTRIES BOARD
             CHANDMARI
             GUWAHATI-781003

Advocate for the Petitioner   : MR B D DAS

Advocate for the Respondent : MR J K PARAJULI
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                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 20.07.2022

Heard Mr. B. D. Das, learned senior counsel for the petitioner assisted by Mr. D. Thousan, learned counsel for the petitioner. Mr. P. K. Munir, learned counsel appears for the respondent no. 3.

This contempt petition relates to non compliance with the judgment and order dated 18.02.2020 passed by this Court in WP (C) No. 7203/2018, the relevant paragraph 10 being reproduced below:

"10. In view of the above stated reasons and conclusions, the writ petition is allowed and the impugned order No. KB/VOI/Transfer & Posting/G-166/84-85/91, dated 10.08.2018 and released order No. KBE-119/88-89/90, dated 20.08.2018, are quashed and set aside. The respondents are directed to re-instate the petitioner as Manager forthwith and to pay him a Manager's pay and allowances as admissible under the rules from the time since the time he joined the post of Manager. The period of his posting as Teli in pursuance of the impugned order of transfer and released order shall be treated as a period serving as a Manager. While calculating the arrears of the pay as Manager annual increments in the pay and allowances and all those increments due to revision of pay of Manager should be included. All these exercise should be completed within a period of 3(three) months from the date of receipt of a copy of this order."

Mr. P. K. Munir, by relying upon the affidavit submitted by the respondent no.3 submits that the total arrear amount payable to the petitioner is Rs. 27,29,558/-. He also submits that Rs. 5,00,000/- has been paid to the petitioner and the remaining balance payable to the petitioner is Rs. 22,29,558/-.

He submits that the proposal for payment of arrear pay and allowances to the petitioner amounting to Rs. 27,29,558/- has been sent to the Director, Handloom & Textile, Assam for consideration of the Govt. However, no such reply has been forth coming from the Handloom & Textile Department. He also submits that vide letter dated 02.03.2022 issued by the Under Secretary to the Govt. of Assam, Finance (EC-II) Department, the Commissioner Secretary to the Govt. of Assam, Handloom, Textile & Sericulture Department has been directed to comply with the order dated 02.02.2022 passed in present contempt case.

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He submits that due to lack of sanction from the Finance Department and Handloom, Textile & Sericulture Department the petitioner has not been paid his entire due amount.

Mr. B. D. Das, learned senior counsel submits that as the Finance Department and Handloom, Textile & Sericulture Department were not a party in WP (C) No. 7203/2018, he would like to file a fresh writ petition impleading the above two Departments, after withdrawing the present contempt petition.

The prayer of the learned counsel is allowed.

The present contempt petition stands closed, with liberty as prayed for.

JUDGE

Comparing Assistant