Sailendra Nath Sarma vs Narayan Konwar
2026 Latest Caselaw 1590 Gua

Gauhati High Court

Sailendra Nath Sarma vs Narayan Konwar on 23 February, 2026

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                          Page No.# 1/3

GAHC010026992026




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

                                  Case No. : Cont.Cas(C)/90/2026

            SAILENDRA NATH SARMA
            S/O LATE NAGENDRA NATH SARMA, R/O VILL- PORAKUCHI
            PATHARUATOLA, P.O.- KAMARKUCHI, P.S.- NALBARI, DIST- NALBARI,
            ASSAM


            VERSUS


            NARAYAN KONWAR, IAS AND 2 ORS.
            THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, DEPARTMENT
            OF SCHOOL EDUCATION, DISPUR, THIRD FLOOR, BLOCK-C, JANATA
            BHAWAN, DISPUR, GHY-6


            2:MS MAMATA HOJAI (A.E.S.)
            THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-19
            ASSAM


            3:JAYANTA THAKURIA (A.E.S.)
            THE INSPECTOR OF SCHOOLS
             NALBARI DISTRICT CIRCLE
             NALBARI
            ASSA


Advocate for the Petitioner   : MR. U K GOSWAMI,

Advocate for the Respondent : ,
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                                BEFORE
                    HONOURABLE MR. JUSTICE NELSON SAILO

                                     ORDER

Date : 23-02-2026

Heard Mr. UK Goswami, learned counsel for the petitioner, who submits that the petitioner had approached this Court through WP(C) 3499/2014 seeking provincialisation of his service. The said writ petition was disposed of vide judgment and order dated 22.01.2019 with a specific direction to provincialise the petitioner's service. Despite the same, since no steps were taken, the petitioner approached this Court by filing Cont.Cas(C) No. 31/2020. During the pendency of the contempt petition, the respondent authorities concerned produced a copy of the order dated 05.02.2025 by which the services of the petitioner has been provincialised w.e.f. 01.01.2013. The Secretary to the Government of Assam, Department of School Education was also personally present on that day and with the production of the order, the contempt petition was closed and the personal appearance was dispensed with. However, despite passing of the said order, the petitioner has not been given his salary w.e.f. 01.01.2013 till the issuance of the order dated 05.02.2025. The learned counsel submits that the respondent authorities concerned have willfully and deliberately disobeyed the Court's direction by not giving the benefit entitled to the petitioner.

In view of above, issue notice of motion, returnable by 4 (four) weeks.

Petitioner to take steps for service of notice upon the respondents by speed post within 3 (three) days.

Page No.# 3/3

List the matter again after 4 (four) weeks.

JUDGE

Comparing Assistant