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Gauhati High Court
Page No.# 1/7 vs Preetam Saikia And Ors on 3 February, 2026
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/7
GAHC010115092020
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/366/2020
MOINUL HOQUE AND ANR.
S/O. LT. NUR MOHAMMAD, VILL. FILAMARI, WARD NO.1, P.O. AND P.S.
LAKHIPUR, DIST. GAOLPARA, ASSAM.
2: ON THE DEATH OF SAMIRUDDIN TALUKDAR HIS LEGAL HEIR
REHENA BEGUM
WIFE OF LATE SAMIRUDDIN TALUKDAR
VILL AND PO RAJMITA
DIST-GOALPARA
ASSAM
PIN-783129
VERSUS
PREETAM SAIKIA AND ORS.
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION
SECONDARY DEPTT., DISPUR, GUWAHATI-06.
2:SHYAM JAGANNATHAN
IAS
COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
3:P JIDUNG
THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
Page No.# 2/7
4:NIPEN DAS
THE INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA
P.O. AND DIST. GOALPARA
ASSAM
PIN-783101.
5:MOMOTA HOJAI
AES
DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
6:SADULLAH KHAN
AES
INSPECTOR OF SCHOOLS
GDC
GOALPARA
PO AND DIST- GOALPARA
ASSAM
PIN-783101.
7:SHRI BHARAT BHUSHAN DEV CHOUDHURY
IAS
SECRETARY TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
8:BIJOYA CHOUDHURI
IAS
SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
9:SHRI MANISH THAKUR
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
10:SHRI JAYANT NARLIKAR
IAS
Page No.# 3/7
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
11:SHRI NARAYAN KONWAR
IAS
SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR. U K NAIR, MR R ISLAM,MS. A HUSSAIN
Advocate for the Respondent : MR. D SAIKIA (R1,3), MR P NAYAK (R-10),MR A CHALIHA (R-
10),R M BAROOAH (R-10),MR. B GOGOI (R-10),MR B KAUSHIK (R-11),MR. N J
KHATANIAR(R-11),MR. R MAZUMDAR (R1),MR S M T CHISTIE (R1,3,6)
Linked Case : Cont.Cas(C)/376/2020
RATAN CHANDRA SHIL AND 2 ORS.
S/O- LT. BHAIRAB CH. SHIL
VILL- TARIARBHATI
P.O. JALESWAR
P.S. LAKHIPUR
DIST.- GOALPARA (ASSAM)
2: LAL CHAN ALI
S/O- LT. PIYAR ALI
R/O- BANNYAGURI
P.O. JALESWAR
DIST.- GOALPARA (ASSAM)
3: HABEZ UDDIN
S/O- ABDUL GAFFAR
R/O- BAMUNURBHITA
P.O. JALESWAR
DIST.- GOALPARA (ASSAM)
VERSUS
PREETAM SAIKIA AND ORS.
IAS
COMM. AND SECY. TO THE GOVT. OF ASSAM
Page No.# 4/7
EDUCATION SECONDARY DEPTT.
DISPUR
GHY-6
2:SHYAM JAGANNATHAN
IAS
COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-6
3:P. JIDUNG
THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
4:NIPEN DAS
THE INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA
P.O. AND DIST.- GOALPARA
ASSAM
PIN- 783101
5:MOMOTA HOJAI
AES
DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
6:SADULLAH KHAN
AES
INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA
P.O. AND DIST. GOALPARA
ASSAM
PIN - 783101.
7:SRI BHARAT BHUSHAN DEV CHOUDHURY
IAS
SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
Page No.# 5/7
8:SMT. BIJOYA CHOUDHURI
IAS
SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
9:SHRI MANISH THAKUR
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
10:SHRI JAYANTA NARLIKAR
IAS
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
11:SHRI NARAYAN KONWAR
IAS
SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6.
------------
Advocate for : MR. U K NAIR
Advocate for : MR. S M T CHISTIE (R-6) appearing for PREETAM SAIKIA AND
ORS.
BEFORE
HON'BLE MR. JUSTICE NELSON SAILO
O R D E R
03.02.2026
Heard Mr. R. Islam, learned counsel for the petitioners, who submits
that the contempt petitions have been filed for non-compliance of the
Court's common order dated 26.09.2019 passed in WP(C) No.4409/2014
and WP(C) No.4447/2014. Learned counsel for the petitioners submits
Page No.# 6/7
that the operative portion of the direction passed by the Court is at
paragraph Nos. 8 and 9 of the said order wherein the State Government
has been directed to accommodate the services of the petitioners by
creating supernumerary post. The said direction was not complied with for
a long time and ultimately, the State filed an appeal belatedly along with
an application for condonation of delay. The delay was not condoned and
was rejected vide order dated 29.08.2025 passed in IA(Civil)
No.1139/2025. The connected appeal which was not yet registered also
stood dismissed. Pursuant thereto, the respondents have not taken any
meaningful steps to comply with the Court's direction.
Mr. N.J. Khataniar, learned counsel for the respondent Nos. 10 and 11
have filed their show cause reply in the form of an affidavit on
14.11.2025, wherein they have explained that pursuant to the dismissal of
the writ appeal, the respondent authorities have taken active steps to
comply with the Court's direction. Learned counsel submits that since
creation of supernumerary post is possible only with the concurrence with
the Finance Department, such steps are being taken.
At the stage, by producing a letter dated 03.02.2026 written by the
Secretary to the Government of Assam, Department of School Education
to the Senior Standing Counsel of the said Department, submits that the
Department has received the proposal for creation of supernumerary post
and the Department is going to forward the proposal to the Finance
Department within next seven working days, so that supernumerary post
can be created to accommodate the petitioners. Under the circumstances,
learned counsel submits that some more time may be granted to the
respondent authorities to complete the process.
Page No.# 7/7
Considering the above submission, the matter stands deferred for
three weeks.
Mr. N. J. Khataniar, learned counsel for the respondent Nos. 10 and
11 shall obtain up-to-date instructions and file a concise affidavit about
the steps taken on or before the next date.
List the matters on 06.03.2026.
JUDGE
Comparing Assistant
