Gauhati High Court
Page No.# 1/6 vs Page No.# 4/6 on 11 May, 2022
Page No.# 1/6
GAHC010054122018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/124/2018
GOPAL CH. BARUAH AND 16 ORS.
VILL. GHUGUHA, P.S. DHEMAJI, P.O. GHUGUHA, DIST. DHEMAJI (ASSAM),
PIN-787057
2: GANESH BOR GOHAIN
S/O. LT. NILAMANI BOR GOHAIN
VILL. GOHAINGAON
P.S. DHEMAJI
P.O. GOHAIN GAON
DISTRICT- DHEMAJI (ASSAM)
PIN-787057
3: DHARMA KANTA MAHANTA
S/O. LT. DANDESWAR MAHANTA
VILL. SISIBORGAON
P.S. SILAPATHAR
P.O. SISIBORGAON
DIST. DHEMAJI (ASSAM)
PIN-787057
4: GIRIN CH. PEGU
S/O. LT. MAHESHWAR PEGU
VILL. LAKHIPATHAR
P.S. DHEMAJI
P.O.LAKHIPATHAR
DIST. DHEMAJI (ASSAM)
PIN-787057
5: GHUNUSA DEVI
W/O. SRI DULAL BHATTA
VILL. MORIDHOL
P.S. DHEMAJI
P.O. MORIDHOL
DIST. DHEMAJI (ASSAM)
Page No.# 2/6
PIN-787057
6: RAJUMANI BARUAH
VILL. LAKHTOKIA MOWROTHAN
P.S. DHEMAJI
P.O. NARUATHAN
DIST. DHEMAJI (ASSAM)
PIN-787057
7: PRATAP CHANDRA DUTTA
S/O. LT. MULARAM DUTTA
VILL. MATIKHULA
P.S. DHEMAJI
P.O. MATIKHULA
DIST. DHEMAJI (ASSAM)
PIN-787057
8: MULARAM CHUTIA
S/O. MONTAN CHUTIA
VILL- KHANJIA CHAPORI
P.O. LOGUWAPARA
DIST. LAKHIMPUR (ASSAM)
PIN-787057
9: PUSPA LATA GOGOI
D/O. SRI SODA GOGOI
VILL. DEOGHARIA
P.S. DHEMAJI
P.O. BANGENAGHARAH
DIST. DHEMAJI (ASSAM)
PIN-787058
10: NIRALA GOGOI
D/O. LT. P GOGOI
VILL. BHEPARA
P.S. DHEMAJI
P.O. AND DIST. DHEMAJI (ASSAM)
PIN-787057
11: PADMAWATI CHUTIA
D/O. LT. THANESWAR CHUTIA
VILL. SATULACHUK
P.S. SILAPATHAR
P.O. SISIBORGAON
DIST. DHEMAJI (ASSAM)
PIN-787057
12: INDUMOTI DUTTA
Page No.# 3/6
W/O. SRI B SAIKIA
R/O. WARD NO. 4
DHEMAJI TOWN
P.O. AND P.S. DHEMAJI
DIST. DHEMAJI (ASSAM)
PIN-787057
13: SISIMAI DAS
W/O. SRI GOPAL CHANDRA DAS
VILL. LAKHTOKIA
P.S. DHEMAJI
P.O. LAKHIPATHAR
DIST. DHEMAJI (ASSAM)
PIN-787057
14: PURNIMA DIHINGIA
D/O. SRI BHABA CHUTIA
VILL. NIMATI CHOWK
P.S. DHEMAJI
P.O.GOHAINGAON
DIST. DHEMAJI (ASSAM)
PIN-787057
15: KAUSHALYA KONWAR
D/O. LT. NANDESWAR KONWAR
VILL. AND P.O. GOHAIN GAON
P.S. DHEMAJI
DIST. DHEMAJI (ASSAM)
PIN-787057
16: DHANADA BORGOHAIN
D/O. LT. K. BOR GOHAIN
VILL. GOHAINGAON
P.O. GOHAIN GAON
P.S. DHEMAJI
DIST. DHEMAJI (ASSAM)
PIN-787057
17: PREMADHAR GOGOI
S/O. LT. HALIRAM GOGOI
VILL. HARCHARA
P.S. DHEMAJI
P.O. HAHCHARA
DIST. DHEMAJI (ASSAM)
PIN-78705
VERSUS
Page No.# 4/6
PRITAM SAIKIA AND ANR.
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:SANJIB KR. BHUYAN
THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-1
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : MR. D SAIKIA
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
11.05.2022
Let this contempt petition be segregated from the connected matters and
list this contempt petition separately.
Heard Mr. UK Nair, learned senior counsel for the petitioners and Mr. R
Mazumdar, learned counsel for the respondent contemnors.
This contempt petition is instituted alleging wilful and deliberate violation of
the order dated 17.02.2017 in WP(C) No. 3286/2014. In paragraph 12 of the
order dated 17.02.2017, it had been taken note of that an order dated
27.03.2014 of the Director of Elementary Education, Assam had been assailed in
the writ petition. In the order of 27.03.2014, the Director had taken a stand that
the petitioners were appointed by the then Deputy Inspector of Schools,
Dhemaji in the year 1989 against non-existent post. Further, the names of the
petitioners were included in a list of 752 numbers of teachers, whose services
according to the respondents were terminated and the monthly salary was
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stopped from the month of August, 2007.
In paragraph 15 of the order dated 17.02.2017, this Court arrived at its
conclusion that though termination notices were issued to the petitioners, the
petitioners submitted reply thereof, which were found to be not satisfactory, but
consequential termination orders were not issued to the petitioners. Accordingly,
in paragraph 17 of the said order, a concussion was arrived at that continuance
in service of the petitioners is not disputed and as per the admitted stand of the
respondents, no termination order had been issued to the petitioners.
Therefore, in the circumstance, it was held that withholding of the salary would
not be justified.
Accordingly, the order impugned dated 27.03.2014 was set aside and the
respondents were directed to release the arrear salary of the petitioners from
the month of August, 2007.
Alleging non-compliance thereof, this contempt petition is instituted.
Mr. R Mazumdar, learned counsel for the respondent contemnors raises a
contention that against the order dated 17.02.2017 in WP(C) No. 3286/2014, a
review petition was instituted by the respondents in the Education Department,
but the said review petition as per the records had been dismissed. Mr.
Mazumdar, learned counsel further submits that some of the petitioners had
instituted more than one writ petitions and WP(C) No. 3286/2014 is only one
such writ petition, wherein the petitioners got order in their favour. Another writ
petition on the same cause of action had also been filed by some of the
petitioners, which is WP(C) No. 2567/2010.
It is noticed that WP(C) No. 2567/2010 was given a final consideration by
the order dated 30.06.2010, whereby it was ordered that the relief sought for in
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the said writ petition would be same as provided in the judgment and order
dated 08.04.2010 in WP(C) No. 349/2009.
In order to appreciate the correctness of the said stand, the records of
WP(C) No. 3286/2014 as well as records of WP(C) No. 349/2009 be placed
before this Court on the next date fixed.
List the matter again on 19.05.2022 along with the records of WP(C) No.
3286/2014 and WP(C) No. 349/2009 (both disposed of).
JUDGE
Comparing Assistant
