Citation : 2022 Latest Caselaw 4322 Gua
Judgement Date : 7 November, 2022
Page No.# 1/2
GAHC010184032019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/442/2019
TRAILOKYA KALITA
S/O LT. MOHICHARAN KALITA, R/O- BAMUNKUCHI, P.S.
PATACHARKUCHI, DIST.- BARPETA, ASSAM.
VERSUS
ANURAG GOYEL AND ANR.
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
HEALTH AND F.W.(B) DEPTT., DISPUR, GHY.-06.
2:MANALISHA GOSWAMI
THE DIRECTOR OF AYUSH
ASSAM
BANPHOOL NAGAR PATH
DISPUR
NEAR HOUSEFED COMPLEX
GHY.-06
Advocate for the Petitioner : MR. C BHATTACHARYYA
Advocate for the Respondent : MR. D SAIKIA
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 07-11-2022
Heard Mr. S S Barooah, learned counsel for the petitioner. Also heard Mr. A Chaliha, Page No.# 2/2
learned counsel for the respondents contemnors.
2. This contempt petition is instituted alleging willful and deliberate violation of the order dated 13.09.2018 in WP(C) No. 6765/2016.
3. In paragraph 8 of the said judgment, the following directions has been issued:
8. In that view of the matter, the writ petition is disposed of with a direction to the respondents more particularly respondents Nos. 1 and 2 to complete the process of refixation of the pay of the petitioners as per the ROP Rules of 2010 as expeditiously as possible and not later than 2 (two) months from the date of receipt of certified copy of this order. While re-fixing the pay-scale of the petitioners, the respondents shall also taken into account the arrear salaries entitled to the petitioners. into account the arrear salaries entitled to the petitioners
4. A reading of the directions goes to show that there is a requirement on the part of the respondents to re-fix the pay of the petitioner as per ROP Rules 2010.
5. A statement is made by Mr. A Chaliha, learned counsel for the respondents contemnors that the re-fixation has been made.
6. Mr. S S Barooah, learned counsel for the petitioner has also obtained the instruction from the petitioner that the re-fixed salary has been paid from January, 2022. But there is also a claim for the arrear salary.
7. If it is so, the petitioner may file appropriate application for the arrear salary.
In view of such statement, contempt petition stands closed.
JUDGE
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