Gauhati High Court
Md. Nur Shahed Ali vs Mr. Narayan Konwar And 2 Ors on 8 January, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010217882021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/487/2021
MD. NUR SHAHED ALI
S/O LATE ABDUL GANI, ASSISTANT PROFESSOR IN THE DEPARTMENT OF
ARABIC BARKHETRI COLLEGE, MUKALMUA, DIST- NALBARI, P/R/O VILL
AND P.O.-MAZDIA, P.S.-SARTHEBARI, DIST- BARPETA, ASSAM
VERSUS
MR. NARAYAN KONWAR AND 2 ORS.
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,
HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006
2:D.K. MILI (ACS)
DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
3:SHRI M.S. MANIVANNAN
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
HIGHER EDUCATION DEPARTMENT
DISPUR
GUWAHATI-781006
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : MR. K GOGOI (r
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
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ORDER
08.01.2024
Heard Mr. B.D. Konwar, learned Sr. Counsel assisted by Ms. V.V. Thanyu,
learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for
all the respondents.
2. This contempt petition arises out of an order dated 28.09.2021 passed in
W.P(C) No. 2124/2016, whereby the following direction was given:
"23. Needless to say that the consequential relief that Md. Nur Shahed Ali
would be entitled by virtue of being Provincialised from 01.01.2013 be given on
current basis from the month of November, 2021 and the arrear within a period of 6
(six) months thereof."
3. It is submitted at the bar that being aggrieved the State Government as
well as private respondents preferred an appeal. State Government's appeal is
numbered as W.A. No. 54/2022 and the private respondent's appeal is
numbered as W.A. No. 307/2021. The further submission made by the learned
counsels for the parties reveal that in W.A. No. 307/2021 there was an interim
order whereby the Division Bench had ordered that the services of the private
respondent (appellant therein) shall not be disturbed. In respect of the appeal
preferred by the State Government, no interim order staying the operation of
the order dated 28.09.2021 passed in W.P.(C) No. 2124/2016 and other bunch
of writ petitions was passed.
4. The learned counsel appearing for the Higher Education submits that
because of the interim order passed by the Division Bench in W.A. No. 307/2021
directing that the services of the private respondent shall not be disturbed, the
directions contained in the order dated 28.09.2021 passed in W.P.(C) No.
2124/2016 could not be complied with.
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5. A perusal of the pleadings available before the Court also reveals that
liberty was granted to the State to file a review petition against the Judgment
and Order dated 28.09.2021, which however admittedly has not yet been filed.
6. Under such circumstances, the respondents are permitted an opportunity
to explain as to why the directions contained in the order dated 28.09.2021
passed in W.P.(C) No. 2124/2016, more particularly direction contained in
Paragraph-23 of that order, has not been complied with till date.
7. Let the respondents complete their instructions in this respect and place it
before the Court in the form of an affidavit by the next date fixed.
8. Meanwhile, the parties are given liberty to apprise the Court about the
status of the W.A. No. 54/2022 and W.A. No. 307/2021 on the next date.
9. List this matter again on 02.02.2024.
JUDGE
Comparing Assistant
