Page No.# 1/3 vs Preetom Saikia
2023 Latest Caselaw 216 Gua

                                                              Page No.# 1/3

GAHC010066052022




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

                       Case No. : Cont.Cas(C)/194/2022

         BHAIRAB KUMAR MEDHI AND 3 ORS
         C/O LATE UMA KANTA MEDHI, R/O VILL-DOOMDOOMIA, DIST-NAGAON,
         ASSAM, PIN-782122

         2: MD. TARIQUEL ISLAM
          S/O LATE NURUL ISLAM
          R/O WARD NO. 3
          MOIRABARI
          DIST-MORIGAON
         ASSAM
          PIN-782126

         3: JOMIL AHMED
          S/O LATE ABDUL MAZID
          R/O VILL-SHALMARABORI
          DHING
          DIST-NAGAON
         ASSAM
          PIN-782123

         4: ANJAN JYOTI SAIKIA
          C/O LATE PADMAKANTA SAIKIA
          R/O VILL-LAHKAR GAON
          DIST-NAGAON
         ASSAM
          PIN-78212

         VERSUS

         PREETOM SAIKIA, IAS AND ORS.
         SPECIAL COMMISSIONER TO THE GOVERNMENT OF ASSAM,
         SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006

         2:BHARAT BHUSHAN DEV CHOUDHURY
                                                                         Page No.# 2/3

             IAS
             SECRETARY TO THE GOVERNMENT OF ASSAM
             SECONDARY EDUCATION
             DISPUR
             GUWAHATI
             PIN-781006.

            3:DR. BIJOYA CHOUDHURY
             IAS
             SECRETARY
             SECONDARY EDUCATION DEPARTMENT
             GOVERNMENT OF ASSAM
             DISPUR
             PIN-781006

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 20.01.2023

Heard Mr K. N. Choudhury, learned Senior Counsel assisted by Mr. D. J. Das, learned counsel for the petitioner.

The present Contempt petition is filed alleging non compliance of the order dated 8.4.2021 passed in WP (C) No. 2522/2021. This court under the aforesaid order directed the Commissioner & Secretary, Education Department to pass a reasoned order upon verification of the record on the claim of the petitioner for provincialisation of their services.

Mr. Choudhury, learned Senior Counsel during the course of argument, has brought to the notice of this Court to a communication dated 13.1.2022,which reflects that after verification of the records, the State Level Scrutiny committee Page No.# 3/3

found that 2 nos. of teachers, 11 nos of tutors and 6 nos. of non teaching staff are eligible for provincialisation in Hazi Amsar Ali Muktar Girls Senior Secondary School, Morigaon district.

Accordingly, Mr. Choudhury, learned Senior Counsel submitted that only formalities remain to get their services provincialised.

In that view of the matter, this Court requests Mr. N. J. Khataniar, learned Standing Counsel, Secondary Education Department, Assam to obtain necessary instruction regarding the aforesaid submission of Mr. Choudhury, learned Senior Counsel and to apprise this Court if the petitioners' case are considered and recommended, the time frame for compliance of the Judgment of this Court.

List after two weeks showing the name of Mr. N.J.Khataniar, S.C., Secondary Education.

Copy of the order be furnished to Mr. N.J.Khataniar, Standing Counsel. Secondary Education Department, Assam.

Communication dated 13.1.2022 furnished by Mr. K. N. Choudhury, learned Senior Counsel is kept on record and marked as "X".

JUDGE

Comparing Assistant