Dismissed

Bozlur Rahman and 2 Ors. v. Preetom Saikia, IAS and 5 Ors.

Gauhati HC18 Apr 2022Cont.Cas(C)/341/2020

Case brief

AI extract

What is this about?

This contempt petition alleged willful disobedience of an order directing the government to frame rules for promotion of Class IV employees. The court held that the direction was complied with via the 2018 Service Rules enforced in September 2019.

What did the court decide?

The Contempt Petition is dismissed; the notices issued in this Contempt Petition stand discharged.

Bozlur Rahman and 2 Ors. Vs Preetom… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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GAHC010105752020

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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)/341/2020

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BOZLUR RAHMAN AND 2 ORS

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S/O LT. SAMSER ALI, R/O VILL. AIRANJONGLA PT. I, P.O. AMCO ROAD, P.S. DHUBRI, DIST. DHUBRI, ASSAM, PIN-783323

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2: SAMIR DAS S/O LT. AMIL CH. DAS R/O VILL. SANKARDEV ROAD WARD NO. 1 P.O. BIDYAPARA P.S. DHUBRI DIST. DHUBRI ASSAM PIN-783324

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3: UDAY KUMAR DAS S/O LT. GAURANGO DAS R/O VILL. WORD NO. 11 BAHADURTARI P.O. DHUBRI P.S. DHUBRI ASSAM PIN-78330

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VERSUS

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PREETOM SAIKIA, IAS AND 5 ORS

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THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION, DISPUR,GHY-6

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2:PHANINDRA JIDUNG AES THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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3:SAMIR SINHA IAS COMMISSIONER AND SECRETARY FINANCE DEPTT. GHY-06

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4:SATYENDRA MALLA BUZAR BARUA THE COMMISSIONER AND SECRETARY LEGISLATIVE DEPTT. GHY-6

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5:ANANT LAL GYANI IAS THE DEPUTY COMMISSIONER OF DHUBRI P.O. P.S. AND DIST. DHUBRI ASSAM PIN-783301 6:SAJU KUMAR YADHOB THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI P.O. P.S. AND DIST. DHUBRI ASSAM PIN-78330

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : MR. D SAIKIA (R1)

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 18-04-2022

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Heard Mr. A. Alim Sk, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned senior counsel as well as Mr. S. Neogi, learned counsel appearing for the respondents.

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This contempt petition has been filed alleging deliberate and willful disobedience of the order dated 11.09.2019, passed by the Division Bench of this court in WP(C) 997/2016 and other connected writ petitions, where certain

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directions were given by the court, which reads as under:

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“ 25. Mr. Goswami is right in submitting that though the Government was alive to the need to provide promotional avenues to Class IV employees, the same, however, did not materialise in the 2003 Rules. In the present facts and circumstances, we are of the considered opinion that it will be in the interest of justice to mould the relief by directing the respondents to consider framing suitable provision for promotion of Class IV employees to the post of Junior Assistant by prescribing such eligibility criteria, as it may deem appropriate, in addition to filling up the posts of Junior Assistant by way of direct recruitment, within a period of six months.

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26. The writ petitions stand disposed of with the above directions and observations. No cost.”

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Mr. Mr. R. Mazumdar, learned senior counsel appearing for the respondents has submitted that the order of the Division Bench has been complied with inasmuch as pursuant to the directions given by the Division Bench, the State Government has already framed rules, namely, The Assam Secondary Education (Provincialised Schools) Service Rules, 2018, which have been enforced from 18.09.2019, i.e. immediately after a week from the date of passing of the order by the Division Bench.

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In view of the above, we are of the considered opinion that the order of the Division Bench has been complied with.

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Accordingly, the Contempt Petition is dismissed. The notices issued in this Contempt Petition stand discharged.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Bozlur Rahman and 2 Ors. v. Preetom Saikia, IAS and 5 Ors.

Case brief

What is this about?

What did the court decide?

Bozlur Rahman and 2 Ors. v. Preetom Saikia, IAS and 5 Ors.

Case brief

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What did the court decide?

What the court decided

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