Dismissed

Rajib Das and 4 Ors. v. Rathindra Bhuyan and 2 Ors.

Gauhati HC12 Feb 2020Cont.Cas(C)/470/2019

Case brief

AI extract

What is this about?

In this contempt petition challenging non-compliance of a writ order regarding arrear salary payment, the court held that since respondents were paying current salaries and had submitted proposals for arrears, no contempt was committed. The petition stands rejected.

What did the court decide?

Notice of contempt issued earlier is recalled; petition stands rejected without merit.

Rajib Das and 4 Ors. Vs Rathindra… — Constitutional and Fundamental Rights | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010194952019

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

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Case No. : Cont.Cas(C) 470/2019

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1:RAJIB DAS AND 4 ORS.

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S/O- CHAKRADHAR DAS, R/O. VILL- NIMUA, P.O.- NIMUA, DIST- BAKSA (NOW), BTAD, ASSAM, PIN- 781315.

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2: KIRTI MEDHI S/O- LT. BRIHASPATI MEDHI VILL. AND PO- MUSHALPUR DIST- BAKSA (NOW) BTAD ASSAM PIN- 781372

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3: DEEPAK KALITA S/O- MONORANJAN KALITA R/O. VILL. AND P.O. GORAMDEW DIST.- BAKSA (NOW) BTAD ASSAM PIN- 781377.

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4: MAHARATH PATHAK S/O- HITKANTA PATHAK R/O. VILL. AND P.O.- GORAMDEW DIST.- BAKSA (NOW) BTAD ASSAM PIN- 781377.

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5: SUBODH BARUAH S/O HARESWAR BARUAH R/O.- VILL. AND P.O.- GORAMDEW

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Page No.# 2/3

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DIST.- BAKSA (NOW) BTAD ASSAM PIN- 781377 VERSUS 1:RATHINDRA BHUYAN AND 2 ORS. THE DIRECTOR OF HEALTH SERVICES, ASSAM, HENGRABARI, GUWAHATI- 36. 2:SUBRATA SARMA THE DIRECTOR OF HEALTH SERVICES THE BODOLAND TERRITORIAL COUNCIL KOKRAJHAR DIST.- KOKRAJHAR BTAD ASSAM PIN- 783370.

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3:GUNIN SARMA THE JOINT DIRECTOR OF HEALTH SERVICES (I/C) BAKSA MUSHALPUR DIST- BAKSA BTAD ASSAM PIN- 781372

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Advocate for the Petitioner : MR. K R PATGIRI

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Advocate for the Respondent : MR. A SARMA

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 12-02-2020

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Heard Mr. K.R. Patgiri, learned counsel appearing for the petitioners and Mr. A. Sarma, learned counsel appearing for the respondent No. 3.

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Matter relates to non-compliance of the order dated 06.03.2019 passed in WP(C) No.

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Page No.# 3/3

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1511/2019.

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Mr. K.R. Patgiri, learned counsel submitted that the petitioners are receiving their current salaries after the said order dated 06.03.2019. The documents placed before the Court by the respondent No. 3 reflects that the proposal for arrear salaries payable to the petitioners have already been submitted by the Joint Director of Health Services on 23.09.2019 and thereafter, the Director of Health Services, BTC, Kokrajhar on 26.09.2019 forwarded the same to the BTC Authorities and the approval of the same is awaited.

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As the respondents have already taken steps for payment of arrear salaries to the petitioners and are paying the current salaries to them in compliance of the said order dated 06.03.2019 passed in WP(C) No. 1511/2019, this Court is of the view that the respondents have not committed any such contempt of Court’s order.

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Accordingly, this contempt petition without any merit stands rejected.

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Notice of contempt issued earlier on 28.08.2019 on the respondents/ contemnors is hereby recalled.

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Comparing Assistant

Rajib Das and 4 Ors. v. Rathindra Bhuyan and 2 Ors.

Case brief

What is this about?

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Rajib Das and 4 Ors. v. Rathindra Bhuyan and 2 Ors.

Case brief

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