Ela Sonowal vs Preetom Saikia And Ors
2022 Latest Caselaw 2612 Gua

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GAHC010159292020




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

                               Case No. : Cont.Cas(C)/554/2020

            ELA SONOWAL
            W/O- KUKIL SONOWAL, R/O- VILL- DANGARI, DIST.- TINSUKIA, ASSAM



            VERSUS

            PREETOM SAIKIA AND ORS.
            COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION
            DEPTT., DISPUR, GHY-6

            2:P. JIDUNG
             DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GHY-19

            3:SRI B KALYAN CHAKRAVARTY
            THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
             SECONDARY EDUCATION DEPARTMENT
             DISPUR
             GUWAHATI-6.

            4:MS. MAMATA HOJAI
            THE DIRECTOR OF SECONDARY EDUCATION DEPARTMENT
            ASSAM
             KAHILIPARA
             GUWAHATI-19

Advocate for the Petitioner   : MR. J LASKAR

Advocate for the Respondent : MR. D SAIKIA (r-1,2)
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                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                             ORDER

Date : 30.07.2022 None appears for the petitioner.

Heard Mr. SMT Chistie, learned counsel representing all the respondents.

This contempt petition has been filed, alleging violation of the order dated 19.12.2019, passed in WP(C)9411/2019, wherein the respondents were directed as under in paragraph-5 thereof:

"5. In view of the submissions made by the learned counsel for the parties, the present petition is disposed of with the direction to the respondent authorities to examine the claim of the petitioner in the light of the decision rendered by this Court in the aforesaid writ petition, namely, WP(C) 6804/2017, and if it is found that the petitioner is similarly situated, similar relief of provincialisation may be granted to the petitioner w.e.f. 01.01.2013, which exercise shall be undertaken by the respondent authorities as expeditiously as possible."

Mr. Chistie, learned counsel for the respondents has produced before this Court, order dated 11.04.2022, passed by the Director of Secondary Education Department, Assam, Kahilipara, Guwahati-19, vide Memo. No.PC/CC/175/2016/80-A, whereby on consideration of the case of the petitioner, as directed in the writ petition mentioned above, it has been opined that the petitioner's services cannot be considered for provincialization under the purview of the judgment & order dated 03.10.2018, passed by this Court in WP(C)6804/2017.

On perusal of the order dated 11.04.2022, passed by the Director of Secondary Education Department, Assam, Kahilipara, Guwahati-19, vide Memo. No.PC/CC/175/2016/80-A, as produced by Mr. Chistie, learned counsel for the respondents, I find that the order passed in WP(C)9411/2019 dated 19.12.2019 has been duly complied with by the respondents.

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In view of the above, this contempt petition stands closed.

A copy of the order dated 11.04.2022 passed by the Director of Secondary Education Department, Assam, Kahilipara, Guwahati-19, vide Memo. No.PC/CC/175/2016/80-A, produced by Mr. Chistie, learned counsel for the respondents is taken on record, which shall form part of the record and shall be marked as 'x' for identification.

JUDGE

Comparing Assistant