The contempt petition was closed as acknowledgment of partial salary payment by the respondents removed the need for further adjudication. The petitioner retained the right to seek relief for any future violation.
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GAHC010224852017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/628/2017
REKHA BORAH
D/O LT. KHAGESWAR BORAH, R/O MAHMORA JAPIDHOR VILLAGE, PO and PS- KAATIBARI, DIST. SIVASAGAR, ASSAM
VERSUS R.C.JAIN and ORS. MR. R.C. JAIN, THE COMMISSIONER AND SECRETARY TO THE 2:MR. P. JIDUNG THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:MR. ABDUL JALIL THE INSPECTOR OF SCHOOLS SIVASAGAR DISTRICT CIRCLE SIVASAGAR 4:MR. SHYAM JAGANNATHAN COMMISSIONER AND SECRETARY TO THE GOVT. ASSAM FINANCE DISPUR GUWAHATI-781006 5:PREETOM SAIKIA COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DISPUR GUWAHATI-781006
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Advocate for the Petitioner : MR.A W AMAN
Advocate for the Respondent : D SAIKIA, SR.ADV.
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 18-03-2021
Heard Mr. S.B. Rahman, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned counsel for the respondent/contemnor no. 1 as well as Mr. A. Deka, learned counsel for the respondent/contemnor no. 2.
By the order dated 13.06.2017 in WP(C) No. 6641/2014 a direction was issued in paragraph 29 thereof which is extracted as below:
“29. The current salary shall be paid to the petitioner from the month of September, 2017 and the arrear salary shall be paid by November, 2017.”
Mr. R. Mazumdar, learned counsel for the respondent/contemnor no. 1 makes a statement that the salary of the petitioner from the year 2001 which comprises of the arrear salary has been paid upto to February, 2021 which would comprise the current salary.
Mr. S.B. Rahman, learned counsel for the petitioner also agrees that the said amount has been paid.
In view of the situation, no further adjudication is required in the contempt petition. Contempt petition stands closed.
Closure of the contempt petition shall not preclude the petitioner from approaching the Court if any future right of the petitioner is violated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether adjudication is required on the contempt petition regarding payment of salary arrears.
Rekha Borah
R.C. Jain
Achintya Malla Bujor Barua
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
