Tilak Ch. Talukdar vs Krishna Gohain And 3 Ors
2023 Latest Caselaw 2818 Gua

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GAHC010040312018




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

                        Case No. : Cont.Cas(C)/106/2018

         TILAK CH. TALUKDAR
         S/O. LT. GIRINDRA NATH TALUKDAR, R/O. ASAM RNGINEERING COLLEGE
         COMPUS, P.S. JALUKBARI, GUWAHATI, DIST. KAMRUP (M), ASSAM



         VERSUS

         KRISHNA GOHAIN AND 3 ORS.
         IAS, SECRETARY, TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPTT.,
         DISPUR, GHY.

         2:SMT. KRISHNA GOHAIN

          IAS
          DIRECTOR
          TECHNICAL EDUCATION
          ASSAM
          KAHILIPARA
          GHY.
          DIST. KAMRUP
          ASSAM

         3:IKRAMUL HUSSAIN

          A.C.S.
          JOINT SECRETARY TO THE GOVT. OF ASSAM
          PERSONAL DEPTT.
          DISPUR
          GHY.
          DIST. KAMRUP
          ASSAM

         4:SMT. ANJALI SAIKIA BARUAH
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             ACS
             JOINT SECRETARY TO THE GOVT. OF ASSAM
             HIGHER EDUCATION (TECHNICAL) DEPTT.
             DISPUR
             GHY.
             DIST. KAMRUP
             ASSA

Advocate for the Petitioner   : MR. S BARMAN

Advocate for the Respondent : MR. K GOGOI




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 02/08/2023

None appears for the petitioner on call.

2. Mr. K. Gogoi, learned counsel appearing for all the respondents submits that the order dated 22.06.2017 passed in WP(C)/3794/2016 as well as the order dated 17.07.2017 passed in I.A(Civil)/2227/2017 has since been complied with.

3. By order dated 22.06.2017 passed in WP(C) No. 3794/2016, the Technical Education Department was directed to convene a Review Selection Committee and consider the case of the petitioner for his promotion to the post of Lecturer in the Chemical Engineering Department, lying vacant in the Assam Engineering Institute at Guwahati. The entire exercise was directed to be carried on a period of 60 (sixty) days from the date of receipt of certified copy of this order.

4. Mr. Gogoi, learned counsel for the respondents submits that the Departmental Promotional Committee by its meeting held on 30.11.2017 had considered the case of the petitioner in terms of the directions of this Court and Page No.# 3/3

the said Committee held that the petitioner obtained B.E. 2 nd class in the year 2010 after amendment of the Assam Technical Education Service Rule, 2008 and therefore the petitioner is not entitled to be considered for appointment to the post of Lecturer in the Chemical Engineering Department, in the Assam Engineering Institute at Guwahati. It is submitted by the learned counsel for the respondent that the said minutes of the DPC has also been challenged by the petitioner by filing a writ petition.

5. Upon due perusal of the copy of the minutes presented before this Court, this Court is of the view that the directions of this Court in the Judgment and Order dated 22.06.2017 passed in WP(C)/3794/2016 read with the order dated 17.07.2017 passed in I.A(Civil)/2227/2017, it is seen that the direction of this Court was to consider the case of the petitioner. The same having been done, the directions contained in the orders have been complied with.

6. In that view of the matter this contempt petition stands closed and disposed of.

7. The copy of the minutes furnished is kept as the part of the case record.

JUDGE

Comparing Assistant