Kanchan Kumar Roy vs Preetom Saikia
2022 Latest Caselaw 1551 Gua

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GAHC010107682020




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

                        Case No. : Cont.Cas(C)/321/2020

         KANCHAN KUMAR ROY
         S/O SRI MOTILAL ROY, R/O VILLAGE- DIAJHIJARI, PO-HALTUGAON, PS
         AND DIST. KOKRAJHAR, BTAD (ASSAM), PIN-783370



         VERSUS

         PREETOM SAIKIA, IAS AND 2 ORS
         THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         EDUCATION (ELE) DEPTT., DISPUR, GUWAHATI-781006

         2:BIJOYA CHOUDHURY
         ACS
         THE DIRECTOR
          ELEMENTARY EDUCATION
         ASSAM KAHILIPARA
          GUWAHATI-781019

         3:KHABIR UDDIN AHMED
         AES
         THE DIRECTOR OF EDUCATION
          BTC
          KOKRAJHAR
          BTAD
         ASSAM
          PIN-783370

         4:JAGADISH PRASAD BRAHMA
         THE DIRECTOR OF EDUCATION
         BODOLAND TERRITORIAL COUNCIL
         KOKRAJHAR
         BTAD
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            ASSAM-78337

Advocate for the Petitioner   : MR. J DEKA

Advocate for the Respondent : MR P NAYAK, SC FINANCE DEPTT.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                             ORDER

Date : 11.05.2022

Heard Mr. J Deka, the learned counsel for the petitioner and Mr. D Saikia, learned senior counsel assisted by Mr. B Kaushik, learned counsel.

This Court vide an order dated 16.07.2019 in WP(C) No.178/2018, taking into consideration the submission of Mr. P Nayak, the learned standing counsel, Finance Department that the Finance (SIU) Department had already approved for provincialisation of the petitioner and was duly communicated to the State Government and BTC authority as well as also the submission of the learned Standing counsel, BTC that they have not received any communication from the State Government, disposed of the writ petition with a direction to the State Respondent authorities to ensure that necessary communications are forwarded to the BTC authority for provincialisation of the petitioner's services, if not already done. It was also directed by this Court that the aforesaid exercise shall be undertaken by the State authority within a period of 3 (three) months from the date of receipt of a certified copy of the order and thereafter on receipt of such communication from the State authority the BTC Page No.# 3/4

authority will do the needful for provincialisation of the petitioner's service within a period of 1 (one) month from the date of receipt of such communication.

On the allegation that the said judgment and order dated 16.07.2019 in WP(C) No.178/2018 was willfully and deliberately violated, the petitioner has approached this Court by way of the instant contempt petition i.e. Cont.Cas(C) No.321/2020.

This Court vide an order dated 20.04.2022 while dispensing with the personal appearance of the contemnors on the said date directed the personal appearance of the contemnor Nos.1, 2 & 4 to appear in person before this Court today. The contemnor Nos.1, 2 & 4 are personally present before this Court in pursuance to the said direction and are being represented by Mr. D Saikia, the learned senior counsel.

The learned senior counsel has drawn the attention of this Court to an order dated 10.05.2022 issued by the Secretary to the Govt. of Assam, Elementary Education Department, whereby, it was mentioned that as the petitioner appeared in the approved list of the Hon'ble Cabinet as well as approved by the Finance (SIU) Department, the petitioner is entitled for regularization of the services and accordingly, directed the Director of Education, BTC Kokrajhar to take necessary steps for regularization of the services of the petitioner against the existing post by observing due procedure as was done in the case of other 34 appointees vide Order No.DE/BTC/KOK/E/CC/10/05/121 dated 26.06.2007 and submit the compliance report to the Department.

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In view of the said order passed, this Court therefore closes the instant contempt proceeding in so far as the Contemnor Nos.1, 2 & 3 and exonerates them. However, the contempt proceeding shall remain pending till due compliance is made by the Contemnor No.4. The personal appearance of the Contemnor No.4 is dispensed with.

A copy of the order so produced by Mr. D Saikia, leaned senior counsel is kept on record and marked with the letter - X.

Mr. D Saikia, the learned senior counsel further submits that the said order dated 10.05.2022 is very likely to be complied with within a period of 30 (thirty) days and taking into account that he is also the Advocate General of the State, he shall also instruct the Finance (SIU) Department to take appropriate measures so that the order dated 16.07.2019 passed in WP(C) No.178/2018 is duly complied with in letter and spirit within the stipulated period of 30 (thirty) days.

Let the matter be listed again on 15.06.2022.

JUDGE

Comparing Assistant