Gauhati High Court
Page No.# 1/4 vs Preetom Saikia on 4 November, 2022
Page No.# 1/4
GAHC010054212019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/181/2019
DEVANANDA NAOHALIA @ DEBENDU NAOHALIA AND 2 ORS.
S/O. SRI SADANANDA NAOHALIA, VILL. BAZIAPARA, P.O. DIKHAIKINAR,
P.S. KHOWANG, DIST. DIBRUGARH, ASSAM.
2: ANANDA KUMAR NATH
VILL. DUBAJAN GAON
P.O. ANANDAPARA
DIST. DIBRUGARH
ASSAM.
3: SMT. USHA RANI BARUAH
W/O. MANIK CHANDRA BARUAH
VILL. SORUPATHER
P.O. DULIAJAN
DIST. DIBRUGARH
ASSAM
VERSUS
PREETOM SAIKIA
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
ELEMENTARY EDUCATION, DISPUR, GUWAHATI-06.
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : MR. R MAJUMDAR
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BEFORE
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
04-11-2022
Heard Mr. M.U. Mahmud, learned counsel for the petitioners.
By this contempt petition, petitioners are alleging non-compliance of
the judgment and order dated 16.03.2018 which was passed by this Court
in W.P.(C) No.5014 of 2012.
The operative part of the order reads as follows :
"7. This Court also takes note of an order dated 02.03.2010 of
the Division Bench of this Court in WP(C) No.1048/2004,
wherein this Court had provided for constitution of a Committee
to examine the claims of such teachers as regards the validity
and legality of their appointment. In the Division Bench order,
this Court had provided that in the event, it is found upon
screening that the teachers were legally and validly appointed,
appropriate steps for salary to be paid be taken. On the other
hand, the Division Bench also provided that the State
respondent authorities may take a policy decision in respect of
such teachers, who, upon such screening are found to have
been illegally appointed.
8. In view of the above, it is deemed appropriate that as it is the
case of the petitioners for payment of salary and whereas it is
the stand of the State respondent authorities that they were not
validly appointed, the ends of justice would be met if the case of
the petitioners are also examined by the aforesaid Committee
constituted by this Court in its order dated 02.03.2010. In doing
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so, the Committee shall give the petitioners an opportunity of
hearing to produce and rely upon the aforesaid two documents
annexed in the writ petition and also any other documents that
the petitioners may desire to rely upon in order to substantiate
that they were legally and validly appointed.
9. Upon such exercise being taken, the Screening Committee
shall pass a reasoned order and do the needful. The aforesaid
exercise be completed within a period of three months from the
date of receipt of a certified copy of this order. The petitioners
shall accordingly obtain a certified copy of this order and
produce the same before the Commissioner and Secretary to the
Government of Assam, Elementary Education Department, who
shall do the needful to facilitate the petitioners to appear before
the Screening Committee as indicated above.
In terms of the above, this writ petition stands disposed of."
At this stage, Mr. M.U. Mahmud, learned counsel for the petitioner
submits that the sole respondent has retired from service and a new
incumbent has taken over the charge of the post. He, therefore, submits
that the petitioners may be allowed to produce a copy of the judgment
and order dated 16.03.2018 passed by this Court in W.P.(C) no.5014 of
2012, before the new incumbent.
Recording the submission made by the learned counsel for the
petitioners, the petitioner is directed to produce the certified true copy of
the judgment and order dated 16.03.2018 passed in W.P.(C) No.5014 of
2012 before the new incumbent. Thereafter, appropriate steps shall be
taken by the respondents in terms of the judgment and order dated
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16.03.2018 passed in W.P.(C) No.5014 of 2012 within a period of one
month from the date of receipt of a certified true copy of this order.
With the aforesaid direction, this contempt petition stands closed.
JUDGE
Comparing Assistant
