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Gauhati High Court
Page No.# 1/9 vs Pritam Saikia And 17 Ors on 17 February, 2026
Page No.# 1/9
GAHC010195562017
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/209/2017
HOREN BORGOHAIN and ORS.
ASSTT. TEACHER, NAPUM L.P SCHOOL, CHARAIDEOSONARI SUB
DIVISION, DIST- SIVASAGAR, ASSAM
2: SRI BABUL KONWAR
ASSISTANT TEACHER
UJANI KONWAR L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
3: SRI NABAJIT PHUKON
ASSISTANT TEACHER
NAPUM L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
4: NIRU GOGOI
ASSISTANT TEACHER
NAPUM L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
5: ANJALI BORGOHAIN
ASSISTANT TEACHER
BANFERA BAGISHE L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
6: ARI ANUJ KONWAR
ASSISTANT TEACHER
Page No.# 2/9
BORBIL L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
7: MINA PHUKON
ASSISTANT TEACHER
LIKSON JAPIDHARA L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
8: TULU MOHANKONWAR
ASSISTANT TEACHER
BHALUKONI L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
9: LAHIT GOGOI
ASSISTANT TEACHER
KAKKOWANI CHAK L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
10: KRISHNA KISAN
ASSISTANT TEACHER
BORBIL L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
11: GARI GOGOI @ GAURI GOGOI
ASSISTANT TEACHER
BARUAH CHUK AMORJUTY L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
12: RUPA NEWAR
ASSISTANT TEACHER
CHENGELIMORA L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
13: MAMONI CHETIA
Page No.# 3/9
ASSISTANT TEACHER
BADRI DAS MODIL L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
14: UTPAL PHUKON
ASSISTANT TEACHER
JAJALI HOBI L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
15: SIKHURAM CHETIA
ASSISTANT TEACHER
823 NOS. HELKATUP L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
16: BOBITA GOGOI
ASSISTANT TEACHER
823 NOS. HELKATUP L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
17: RUNJUN GOGOI
ASSISTANT TEACHER
823 NOS. HELKATUP L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
18: RAJU DEY
ASSISTANT TEACHER
1 NO. NAHARHABI L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
19: RAJESH DAS
ASSISTANT TEACHER
LAKWA KHELMATI L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
Page No.# 4/9
20: ARADHANA PHUKON
ASSISTANT TEACHER
MATHURAPUR KRISHIPAM L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
21: KHAIROUL ROHMAN
ASSISTANT TEACHER
NO.2 JAJALI PUKHURI L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
22: INDRASWAR GOGOI
TIPHUKHABI L.P SCHOOL
CHARAIDEOSONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
23: SMTI FARIDA BEGUM
WIFE OF LATE KHAIROUL ROHMAN
VILL-JOYAPUR
PO-SEPON SO
PS- MORANHAT PS
DISTRICT-CHARAIDEO
ASSAM
PIN-785673.
24: MS HASNA BEGUM
DAUGHTER OF LATE KHAIROUL ROHMAN
VILL-JOYAPUR
PO-SEPON SO
PS- MORANHAT PS
DISTRICT-CHARAIDEO
ASSAM
PIN-785673.
25: SMTI. DIPALI GUTTA GOGOI
WIFE OF LATE INDESWAR GOGOI
VILL-JOYAPUR
SEPON
MAHMORA
PO-SEPON SO
PS-MORANHAT PS
DISTRICT-CHARAIDEO
ASSAM
Page No.# 5/9
26: SMTI. MUNMI GOGOI
DAUGHTER OF LATE INDESWAR GOGOI
VILL-JOYAPUR
SEPON
MAHMORA
PO-SEPON SO
PS-MORANHAT PS
DISTRICT-CHARAIDEO
ASSA
VERSUS
PRITAM SAIKIA and 17 ORS
THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
EDUCATIONELEMENTARY DAPTT., DISPUR, GUWAHATI-6, ASSAM
2:SIMANTA THAKURIA
THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT
AND FINANCEECIII DEPT.
THE GOVT OF ASSAM
DISPUR
GUWAHATI-6
3:SANJIB KUMAR BHUYAN
THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHTI- 19
ASSAM
4:NARANARAYAN KONWER
THE DEPUTY COMMISSIONER
SIVASAGAR DISTRICT
SIVASAGAR
ASSAM
5:PRABIN SARMA
THE DISTRICT ELEMENTARY EDUCATION OFFICER
SIVASAGAR
DIST- SIVASAGAR
ASSAM
6:GAKUL TASSA
THE DEPUTY INSPECTOR OF SCHOOLS
CHARAIDEO
SONARI
DIST- SIVASAGAR
Page No.# 6/9
ASSAM
7:SATYAJIT KAR
THE BLOCK ELEMENTARY EDUCATION OFFICER
KHELUA BLOCK
SONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
8:PRABIN BARUAH
THE BLOCK ELEMETARY EDUCATION OFFICER
CHARAIDEOSEPON BLOCK
SONARI SUB DIVISION
DIST- SIVASAGAR
ASSAM
9:TRAILUKYA DAS
TREASURY OFFICER
CHARAIDEO
SONARI
DIST- SIVASAGAR
ASSAM
10:MR. NARAYAN KONWAR
IAS
THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
ASSAM
DISPUR
GUWAHATI-781006.
11:MR. JAYANTA NARLIKAR
THE COMMISSIONER AND SECRETARY FINANCE (EC III) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI
ASSAM
PIN-781006.
12:MRS. SURANJANA SENAPATI
THE DIRECTOR ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
13:DR. NEHA YADAV
THE DISTRICT COMMISSIONER
CHARAIDEO DISTRICT
Page No.# 7/9
ASSAM
PIN-785690.
14:SMTI. BINTI SARMA
THE DISTRICT ELEMENTARY EDUCATION OFFICER
CHARAIDEO
DIST-CHARAIDEO
ASSAM
PIN-785690.
15:SRI PRONOB GOGOI
THE DEPUTY INSPECTOR OF SCHOOLS
CHARAIDEO
SONARI
PO-SONARI
DIST.-CHARAIDEO
ASSAM
PIN-785690.
16:SMTI. REKHAMONI BORUAH
THE BLOCK ELEMENTARY EDUCATION OFFICER
KHELUA BLOCK CHARAIDEO
SONARI SUB-DIVISION
PO-SONARI
DIST-CHARAIDEO
ASSAM
PIN-785701.
17:SHRI PRONOB GOGOI
THE BLOCK ELEMENTARY EDUCATION OFFICER
(I/C) SEPON BLOCK
DIST-CHARAIDEO
ASSAM
PIN-785673.
18:SMTI. GITASHREE BORAH
THE TREASURY OFFICER
CHARAIDEO
SONARI
PO-SONARI
DIST-CHARAIDEO
ASSAM
PIN-785690
Advocate for the Petitioner : MD.M U AHMED, MR.S F CHISTIE
Advocate for the Respondent : MR.T THAKURIA (R-1), MR S M T CHISTIE (R-12,16,15,14),MR.
P K BORAH(R-10,12),MR. N J KHATANIAR (R-10),MR P NAYAK(R-11),MR A CHALIHA(R-
Page No.# 8/9
11),MR. B GOGOI (R-11),MR.D SAIKIA(Sr.Adv.)(R-2)(R-1,10,12),MR.N SARMA(R-1)(R-5),MS.P
CHAKRABORTY(R-2)
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 17.02.2026
1. Heard the learned counsel for the petitioners.
2. This present contempt petition is filed alleging willful and
deliberate violation of the order dated 08.08.2016, passed in WP(C)
No.3045/2012.
3. By the aforesaid order the respondent authorities were
directed to release the salary of the petitioners without any further
delay by granting annual retention of the supernumerary post with a
further direction to release the current salary of the petitioners
within a period of two months.
4. The respondent authorities have taken a stand that the
appointment of the petitioners, along with other similarly situated
persons having being doubtful, a Screening Committee was
constituted and that the petitioners appeared before the Screening
Committee and subsequently, based on their status of appointment
i.e., illegal/irregular, fresh appointment orders were issued with a
condition that they will not claim any arrears of salary and their
appointments shall be treated as fresh appointment, and therefore,
the order dated 08.08.2016 passed in WP(C) No.3045/2012 has
been complied with.
Page No.# 9/9
5. However, Mr. P.K. Bora, the learned counsel for the
respondents is without any order of such appointment.
6. At this stage, Mr. Bora, learned counsel for the
respondents prays for some time to complete his instruction and
produce the copy of the regularization/fresh appointment, so far the
same relates to the petitioners in the present contempt petition.
7. Countering such argument, the learned counsel for the
petitioners submits that fresh appointments, even if, contains any of
such condition, is unilateral and same cannot be binding upon the
petitioners and therefore, they are still entitled for arrears of salary.
8. This court will consider the matter once the appointment
orders are furnished before this court.
9. List this matter again on 05.03.2026.
10. Registry to reflect the name of the learned counsel for
the petitioners in the cause list henceforth.
JUDGE
Comparing Assistant
