Contempt petition alleging non-compliance with an earlier order directing payment of arrear salary. The court found that the High Education Department complied with the prior direction by sanctioning the amount, and dismissed the petition as devoid of merit.
Contempt petition dismissed.
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GAHC010072702019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C) 199/2019
1:PARIMAL CHANDRA ACHARJEE
S/O.LT. SURENDRA BIJOY ACHARJEE, R/O.LOWER BABU PATTY, HOUSE NO. 232, WARD NO. 5, P.O. AND P.S. LUMDING, DIST.- HOJAI-782447, ASSAM.
VERSUS
1:KRISHNA GOHAIN, I.A.S. AND 3 ORS. SECRETARY, HIGHER EDUCATION DEPTT., GOVT. OF ASSAM, GUWAHATI-
2:SMTI. GITIMONI PHUKAN DIRECTOR HIGHER EDUCATION KAHILIPARA GHY.-19.
3:MRINAL KANTI PAUL PRINCIPAL LUMDING COLLEGE LUMDING HOJAI-782447 ASSAM.
4:SHYAM JAGANNATHAN I.A.S. COMMISSIONER AND SECRETARY FINANCE DEPTT. GUWAHATI
Advocate for the Petitioner : MR. N B P SINGHA Advocate for the Respondent : MR. K GOGOI
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BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
03-06-2019
Heard Mr. N. B. P. Singh, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing counsel, Higher Education Department for the respondent Nos. 1 and 2.
Matter relates to willful disobedience and non-compliance of the order dated 25.01.2019, passed by this Court in WP(C) No.2439/2017 wherein the Court while disposing of the said writ petition directed the Director of Higher Education, Assam to verify petitioner’s claim of Rs.2,86,967/- under the Head of Non-compoundable Advance Increment and further observed that if on such verification it is found that the petitioner is entitled to the said amount, the same shall be released to the petitioner forthwith.
The Court in the said order dated 25.01.2019, passed in WP(C) No.2439/2017 prescribed certain period within which the said order was directed to be complied with.
Pursuant to the order dated08.04.2018 in this proceeding, Mr. K. Gogoi, learned Standing counsel, Higher Education Department has placed before the Court a written instruction of the State Government in the Higher Education Department which reveals that the said authority on 26.04.2019 requested the Principal Accountant General (A&E), Assam to convey the sanction of the State to an amount of Rs.2,86,967/- for payment of arrear salary for the period commencing from 01.07.2009 to 28.02.2013 in respect of the petitioner, a retired Vide Principal of Lumding College, Lumding, Hojai during the financial year 2019-20.
Mr. Gogoi also placed a communication of the Director of Higher Education, Assam dated 26.04.2019 by which it is intimated that the Principal of said Lumding College has been asked to draw and disburse the said amount of Rs.2,87,967/- through the Bank Account of the petitioner and that necessary budget allotment for the said amount has already been issued by the Directorate of Higher Education, Assam on 26.04.2019.
In view of the above, as the State Government in the Higher Education Department, Assam as well as the Director of Higher Education, Assam have complied with the direction of the Court dated 25.01.2019, passed in WP(C) No.2439/2017 noted above, this Court does not
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find any such willful disobedience on the part of the State Government in the Higher Education Department as well as the Director of Higher Education, Assam with regard to compliance of the order dated 25.01.2019 as alleged. Accordingly, this contempt petition being devoid of merit stands dismissed.
Copy of the letter No.AHE.602/2019/24 dated 26.04.2019 of the State Government in the Higher Education Department communicating the Principal Accountant General (A & E), Assam regarding sanction of the amount of Rs.2,86,967/- payable to the petitioner as his arrear salary as well as the letter of the Director of Higher Education, Assam dated 26.04.2019 noted above be kept as a part of the record.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the State Government in the Higher Education Department committed willful disobedience of the Court order dated 25.01.2019.
PARIMAL CHANDRA ACHARJEE
KRISHNA GOHAIN, I.A.S. AND 3 ORS
MANASH RANJAN PATHAK
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
