Sri Ketu Ram Swargiary And 63 Ors vs Preetom Saikia And 2 Ors
2023 Latest Caselaw 4433 Gua

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GAHC010208962016




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

                               Case No. : Cont.Cas(C)/623/2016

            SRI KETU RAM SWARGIARY and 63 ORS.
            S/O. LT. GAMARAM SWARGIARY, VILL. GERUAH, P.O. KALBARI, P.S.
            TAMULPUR, DIST. BAKSA BTAD, ASSAM.



            VERSUS

            PREETOM SAIKIA and 2 ORS.
            COMMISSIONER and SECY. GOVT. OF ASSAM, ELEMENTARY EDUCATION,
            DISPUR, GUWAHATI-06.

            2:SRI ROBINSON MUSHAHARY
            THE SECRETARY
             BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR
            ASSAM.

            3:SRI RABI SANKAR BORGOWARI

             THE DIRECTOR EDUCATION
             BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR
             ASSAM

Advocate for the Petitioner   : MS.R GOGOI

Advocate for the Respondent : MR.N SARMA (R1)
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                                     BEFORE

                    HONOURABLE MR. JUSTICE NELSON SAILO

                                      ORDER

18.10.2023

Ms. D. Dutta appears for the petitioners.

Mr. M. Das, learned counsel appears for respondent No. 2 and Ms. B. Bora appears on behalf of Mr. A.K. Bhuyan, learned counsel for respondent No. 3. Mr. S.M.T. Chistie, learned counsel also appears for respondent No. 1.

Allegation made in this Contempt Petition is the non-compliance of the Court's order dated 21.03.2016 passed in WP(C) No. 1953/16, wherein, Court had directed the respondents to consider the payment of arrear stipend claimed by the petitioners from the month of May 1997 as was directed by this Court in another case vide common Judgment and Order dated 06.04.2006 in WP (C) No. 1048/2003 as one of the writ petition.

Mr. M. Das, learned counsel has drawn the attention of this Court to the decision of the expert committee which held its meeting on 27.01.2023 and the proceedings is annexed as Annexure-2 of the affidavit filed by respondent No. 2.

It is seen that the expert committed upon deliberation and verification recommended rejection of the claim of the petitioners for payment of arrear salary.

It is also seen that although the writ petitioners were 52 in numbers, the Contempt Petition is filed by 64 petitioners.

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Be that as it may, since the order of this Court appears to have been complied with, the Contempt Petition stands closed.

JUDGE

Comparing Assistant