Page No.# 1/12 vs Pritam Saikia
2025 Latest Caselaw 3513 Gua

Gauhati High Court

Page No.# 1/12 vs Pritam Saikia on 27 February, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                  Page No.# 1/12

GAHC010010262018




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

                         Case No. : Cont.Cas(C)/36/2018

         BHABEN GOHAIN
         R/O VILL- BHEHPARA, PO DHEMAJI, DIST. DHEMAJI, ASSAM, ASSTT.
         TEACHER OF NO. 2 TEKJURI L.P. SCHOOL

         2: SUNIL NEOG
          R/O VILLAGE RONGPURIA
          PO- PERABARI
          DIST. DHEMAJI
         ASSAM
         ASSISTANT TEACHER OF JAPARA L.P. SCHOOL

         3: MANJUMONI GOGOI
          R/O GOALGAON
          PO GOAL CHAPORI
          DIST. DHEMAJI
         ASSAM
         ASSISTANT TEACHER OF GARIAJAN KALITACHUK L.P. SCHOOL

         4: LAKHI KONWAR
          R/O GOHAINGAON
          PO GOHAIGAON
          DIST. DHEMAJI
         ASSAM
         ASSISTANT TEACHER OF NO. SANTIPUR L.P. SCHOOL

         5: MODAN GOHAIN
          R/O VILLAGE KECHUKHNA KONCH GAON
          PO NARUATHAN
          DIST DHEMAJI
         ASSAM
         ASSISTANT TEACHER OF LAOMURI L.P. SCHOOL

         6: MALABIKA BURAGOHAIN
          R/O VILLAGE GOHAINGAON
                                                   Page No.# 2/12

PO GOHAINGAON
DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF PANIGAON L.P. SCHOOL

7: THANESWAR BURAGOHAIN
 R/O VILLAGE- GOHAIGAON
 PO GOHAINGAON
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BATUAMIRI L.P. SCHOOL

8: MONI BORGOHAIN
 R/O VILLAGE- GOHAIGAON
 PO-GOHAINGAON
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF GOPAK L.P. SCHOOL

9: AJIT KR. BORUAH
 R/O VILLAGE KECHUKHANA KOCHGAON
 PO-NARUATHAN
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KECHUKHANA KACHARI L.P. SCHOOL

10: BULU CHETIA
 R/O VILLAGE GOHAINGAON
 PO- GOHAINGAON
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF GOHAINGAON
 L.P. SCHOOL

11: THANESWAR DUTTA
 R/O VILLAGE BHAJUGAON
 PO BUTIKUR
 DIST DHEMAJI
ASSAM
ASSISTANT TEACHER OF JALBHARI L.P. SCHOOL

12: CHANDRA BORAH
 R/O VILLAGE GOHAINGAON
 PO- GOHAINGAON
 DIST DHEMAJI
ASSAM
ASSISTANT TEACHER OF KHAJUABLOCK L.P. SCHOOL
                                                      Page No.# 3/12

13: GHANA GOGOI
 R/O VILLAGE- KOLAKATA PO-KOLAKATA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BANHGURI L.P. SCHOOL

14: PUNYA GOGOI
 R/O VILLAGE BOKUL GAON
 PO KHUBALIA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF JATARKATIA L.P. SCHOOL

15: DIBAKAR GOHAIN
 R/O VILLAGE GOHAINGAON
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF RAIPUR L.P. SCHOOL

16: MAHANANDA BORAH
 R/O VILLAGE KECHUKHNA KOCH GAON
 PO- NARUATHAN
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF NAMONI KECHUKHANA L.P. SCHOOL

17: LILAWATI BORAH
 R/O KECHUKHANA
 PO NARUATHAN
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF NAMONI KECHUKHANA L.P. SCHOOL

18: PUNA BURAGOHAIN
 R/O VIILAGE GOHAINGAON
 PO GOHAINGAON
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER FO DA-SUBAHI L.P. SCHOOL

19: KUKIL SARMAH
 R/O VILLAGE RATANPUR
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF LUGUTI L.P. SCHOOL

20: RATNESWAR CHANGMAI
                                                    Page No.# 4/12

LATE GUGAPUR CHANGMAI
R/O VILLAGE BUTIKUR TINIALI
PO BUTIKUR
DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF SARUDHEKERA L.P. SCHOOL

21: DEBESWAR HAZARIKA
 R/O VILLAGE GOAL CHAPORI
 PO- GOAL CHAPORI
 DIST. DHEMAJI
ASSAM

22: KANAKLATA DIHINGIA
 R/O VILLAGE- BONGALMARI
 PO- MATIKHULA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BONGALMARI L.P. SCHOOL

23: ANUMA DUTTA
 R/O VILL- NAGAKHELIA
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KACHARI BORGAON L.P. SCHOOL

24: MANJIRA DUTTA SARMAH
 R/O SILAPATHAR TOWN
 PO- SILAPATHAR
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF SILAPATHAR TOWN L.P. SCHOOL

25: RUPESWAR BORUAH
 R/O VILLAGE- BORACHIRA
 PO MORIDHAL
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BORACHIRA L.P. SCHOOL

26: PUSPANJALI SAIKIA
 R/O VILLAGE KUWAPHALA
 PO- KHUBALIA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KUWAPHALA L.P. SCHOOL
                                                       Page No.# 5/12

27: MINU GOGOI
 R/O SILAPATHAR TOWN
 PO SILAPATHAR
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF SILAPATHAR NA-GAON L.P. SCHOOL

28: JAGAT GOGOI
VILLAGE- KHUBALIA
 PO- KHUBALIA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BHAJUGAON L.P. SCHOOL

29: JUNAKI DIHINGIA
VILLAGE- KUWAPHALA
 PO- KHUBALIA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BONGALMARA L.P. SCHOOL

30: JUNUMONI GOGOI
VILLAGE- BATGHARIA
 PO- BATGHARIA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF SINGIMARI L.P. SCHOOL

31: MANUJ GOGOI
VILL- GOLACHAPORI
 PO GOLACHAPORI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF LELUWANI L.P. SCHOOL

32: DIPTI GOGOI
 R/O VILLAGE- KAMARGAON
 PO MATIKHULA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KAMARGAON L.P. SCHOOL

33: KIRON DUTTA
 R/O VILLAGE- ARADHAL
 PO-DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF TANGANAPARA AHOM L.P. SCHOOL
                                                     Page No.# 6/12


34: PURNANANDA DUTTA
 R/O VILLAGE ARADHAL
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF JATARKATIA L.P. SCHOOL

35: BHUGMAN CHUTIA
 R/O VILLAGE CHOWKHAM
 PO GOAL CHAPORI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF AMGURI L.P. SCHOOL

36: BINOD CHUTIA
 R/O VILLAGE CHOWKHAM
 PO GOAL CHAPORI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF SILIKHAGURI L.P. SCHOOL

37: MINA PADUM
 R/O VILLAGE JAMUKANI
 PO MATIKHULA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF JAMUKANI L.P. SCHOOL

38: LAKHYRAM MILI
 R/O VILLAGE LAKHIPATHAR
 PO LAKHIPATHAR
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF LAKHIPATHAR SARABJANIN L.P. SCHOOL

39: GOPAL CHETIA
 R/O VILLAGE MAJGAON
 PO- GUTUNG
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF MAJGAON L.P. SCHOOL

40: NABA DUTTA
 R/O VILLAGE NIMATICHUK
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
                                                     Page No.# 7/12

ASSISTANT TEACHER OF BOLAKATA L.P. SCHOOL

41: JIBA KANTA BURAGOHAIN
 R/O VILLAGE GOHAIN GAON
 PO GOHAIN GAON
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF SANTIPUR JENGRAI L.P. SCHOOL

42: DHIREN GOGOI
 R/O VILLAGE MAJGAON
 PO GUTUNG
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KHAJUA BLOCK L.P. SCHOOL

43: ABUL KONWAR
 R/O VILLAGE TELIJAN
 PO HATIGARH
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KACHAITING L.P. SCHOOL

44: MAHENDRA NATH GOGOI @ MAHANANDA GOGOI
 R/O VILLAGE GHUGUHA PO-KALAKATA
 DIST DHEMAJI
ASSAM
ASSISTANT TEACHER OF GHUGUHA CHAPORI L.P. SCHOOL

45: MOHIBAR BORUAH
 R/O VILLAGE LELUWANI
 PO GUTUNG
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF JUKTALI L.P. SCHOOL

46: KALPANA KONCH
 R/O VILLAGE MATIKHULA
 PO- MATIKHULA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KAMARGAON L.P. SCHOOL

47: UTTARA KONCH
 R/O VILLAGE SANTIPUR
 PO JAMUGURI PANCHALI
 DIST. DHEMAJI
ASSAM
                                                     Page No.# 8/12

ASSISTANT TEACHER OF NO. 1 SANTIPUR L.P. SCHOOL

48: BIMAL PHUKAN
 R/O VILLAGE ARADHAL
 PO- DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KALPANAPUR L.P. SCHOOL

49: KHAGEN BORGOHAIN
 R/O VILLAGE KUWAPHALA
 PO- KHUBALIA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF TANGANAPARA AHOM L.P. SCHOOL

50: JUGANANDA GOGOI
 R/O VILLAGE KONWARBILL
 PO GHUGUHA
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER KONWARBILL L.P. SCHOOL

51: UMA KANTA DIHINGIA
 R/O VILLAGE BHEHPARA
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF BORDHEKERA L.P. SCHOOL

52: PRABHAT GOGOI
 R/O VILLAGE SUBAHI
 PO SUBAHI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF PUB SUBAHI L.P. SCHOOL

53: MILON KONWAR
 R/O VILLAGE- BHEHPARA GAON
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF KEKURI GAON L.P. SCHOOL

54: GOHIN GOGOI
 R/O VILLAGE NIMATICHUK
 PO DHEMAJI
 DIST. DHEMAJI
                                                      Page No.# 9/12

ASSAM
ASSISTANT TEACHER OF NO. 2 SANTIPUR L.P. SCHOOL

55: SRIDHAR BORUAH
 R/O VILLAGE LELUWANI
 PO- GUTUNG
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF JUKTOLI LP SCHOOL

56: HARENDRA BORGOHAIN
 R/O VILLAGE GOHAINGAON
 PO GOHAINGAON
 DIST DHEMAJI
ASSAM
ASSISTANT TEACHER OF BORAJAN KACHARI L.P. SCHOOL

57: PREMADA DUTTA
 R/O VILLAGE BHARALICHUK
 PO DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF JIADHOL PATIRCHUK L.P. SCHOOL

58: THANESWAR BORGOHAIN
 R/O VILLAGE GOWAL GAON
 PO GOAL CHAPORI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF GHILLAGURI L.P. SCHOOL

59: KANAKLATA BORGOHAIN
 R/O VILLAGE SUKAPHA NAGAR
 1 NO. WARD
 DHEMAJI
ASSAM
ASSISTANT TEACHER OF GHILAGURI L.P. SCHOOL

60: RUPALI BURAH GOHAIN
 R/O 1 NO. WARD
 DHEMAJI (BORPATARIA)
 PO- DHEMAJI
 DIST. DHEMAJI
ASSAM
ASSISTANT TEACHER OF 1 NO. DEOGHORIA L.P. SCHOOL

61: NIRUGOGOI BORGOHAIN
 R/O VILLAGE GOHAIN GAON
                                                                       Page No.# 10/12

             PO- GOHAIN GAON
             DIST. DHEMAJI
             ASSAM
             ASSISTANT TEACHER OF GOHAINGAON L.P. SCHOOL

            62: DALIMI BURAGOHAIN
             R/O VILLAGE- KHAJUA GAON
             PO MORIDHAL
             DIST DHEMAJI
            ASSAM
            ASSISTANT TEACHER OF BORPHUKAN L.P. SCHOOL

            63: LAKHESWARI GOGOI
             R/O VILLAGE PADMAPUR
             PO- LAKHIPATHAR
             DIST. DHEMAJI
            ASSAM
            ASSISTANT TEACHER OF HATIPARA L.P. SCHOOL

            64: BANTI KHANIKAR
            VILLAGE NIMATICHUK
             PO- DHEMAJI
             DIST. DHEMAJI
            ASSAM
            ASSISTANT TEACHER OF NO. 2 TENGAPUR L.P. SCHOO

            VERSUS

            PRITAM SAIKIA
            THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GAUHATI-06, ASSAM

            2:SANJEEB KUMAR BHUYAN
             DIRECTOR OF ELEMENTARY EDUCATION ASSAM
             KAHILIPARA
             GAUHATI-19
            ASSAM

            3:NIRODA DOLEY
             DISTRICT ELEMENTARY EDUCATION OFFICER
             DHEMAJI
             DIST. DHEMAJI
            ASSAM
             PIN-78705

Advocate for the Petitioner   : MR. P J SAIKIA,

Advocate for the Respondent : D SAIKIA, SR.ADV., MR. N SARMA,MR. M R LASKAR
                                                                      Page No.# 11/12


                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

27.02.2025

1. Heard Mr. A.K. Gupta, learned counsel for the petitioners and Mr. B. Kaushik, learned counsel for the respondents.

2. Paragraph-9 of the order dated 19.01.2017 passed in a batch of writ petitions, the leading case being WP(C) 3243/2008, is as follows :

"9. In so far as the petitioners in WP(C) 4636/2010, WP(C) 4624/2010 and WP(C) 4541/2010, they stand in a different footing and are not covered by t he judgment dated 18.03.2015 rendered in Writ Appeal No.301/2012 and other analogous appeals. To reiterate, their claim for salary is for the period from September, 2003. As they claim to have continuously served as teachers until this da te, let a similar verification exercise be conducted to ascertain their legitimate entitlement to arrear salary w.e.f. September, 2003. Direction in this respect is only towards completing the verification exercise within a period of 4(four) months from today. Entitlement to salary will squarely depend upon the result of the verification exercise. It is also made clear that in so far as the teachers who are claiming salary from September, 2003 are concerned, this order shall not be construed to mean that the State respondents have been restrained from proceeding against the said petitioners in so far as their future employment is concerned. However, under no circumstances any orders to their detriment shall be issued without following the procedure prescribed under the law."

3. The respondents not having complied with the above directions of this Court, the petitioners have filed the present contempt petition, as no payment of arrear and current salary had been made to the petitioners.

Page No.# 12/12

4. During the proceedings of this Court, it was stated by the counsel for the respondents that a settlement had been arrived at between the parties, wherein the petitioners had been given appointments, with the condition that they would forgo their claim for payment of arrear salary. Accordingly, a numbers of writ petitioners were appointed, except for those who expired or had retired.

5. Mr. B. Kaushik, learned counsel submits that in terms of the letter dated 04.02.2025 issued by the Director, Elementary Education, Assam, out of 64 petitioners, 4 petitioners have expired, while 5 petitioners have retired. Further, 12 petitioners have not joined their post as Tutor. Altogether 43 petitioners have joined their post and they are receiving their current salary.

6. In view of the fact that 5 petitioners have retired and 4 petitioners have died, it appears that the State respondents would have to comply with paragraph-9 of the order dated 19.01.2017 passed WP(C) 3243/2008 etc. in respect of the above 9 persons.

7. The petitioners' counsel submits that he will obtain instructions as to why 12 of the petitioners have not joined their post of Tutor, as reflected in the letter dated 04.02.2025 issued by the Director, Elementary Education, Assam.

8. List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant