Contempt petition filed alleging violation of a 2019 order regarding arrear salary. Court found the order complied with and dismissed the petition.
Contempt Petition is closed.
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GAHC010126262020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/444/2020
TARUN CH. DEV SARMA S/O- LT. PROMOTH SARMA, R/O- VILL- KATPUHA, P.O. ARIKUCHI, P.S. NALBARI, DIST.- NALBARI, ASSAM
VERSUS
PREETAM SAIKIA AND 4 ORS. IAS, THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-06
2:BIJOYA CHOUDHURY ACS THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:APURBA THAKURIA DIST. ELEMENTARY EDUCATION ASSAM KAMRUP GHY-05 4:PRABIN CH. RABHA I/C DY. INSPECTOR OF SCHOOLS RANGHIA ASSAM PIN- 781380
5:SHYAM JAGANNATHAN IAS THE COMM. AND SECY. TO THE GOVT. OF ASSAM
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FINANCE DEPTT. DISPUR GHY-0
Advocate for the Petitioner : MR. B KUMAR
Advocate for the Respondent : MR. D SAIKIA (R2)
BEFORE HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 10-06-2022
None appears for the petitioner.
Heard Mr. S.M.T. Chistie, learned counsel appearing for respondent no. 1; Mr. N. J. Khataniar, learned counsel appearing for respondent no. 2 and Mr. B. Purkayastha, learned counsel appearing for respondent no. 4.
This Contempt Petition has been filed alleging violation of the order dated 31.07.2019 passed in WP(C) 4543/2018, whereby the writ petition was disposed of with the following order:
“ If the petitioner claims that his service is valid, the authority will examine the claim for grant of salary under the rules for which the petitioner shall file a written representation to the authority concerned and the authority concern will dispose of the same by issuing a speaking order and shall also release the due arrear salary, if found entitled, as per rules. The said exercise shall be undertaken and completed within a period of four months from the date of receipt of a certified copy of this order.
The writ petition stands disposed of.”
Today Mr. B. Purkayastha, learned counsel appearing for respondent no. 4 has produced a letter dated 26.08.2021, written to the District Elementary Education
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Officer, Kamrup, Amingaon, Guwahati, by the respondent no. 4 vide Memo. No. DIS(R)/Court Case/5/2020/3342-26, dated 26.08.2021, wherein it is contended that in compliance of the order of this Court, passed in WP(C) 4543/2018, as quoted hereinabove, the entitlement of the petitioner for arrear salary was examined and upon such examination it has been found that the petitioner, who has retired from service as an Assistant Teacher of No. 49 Udlana Balika LP School, Rangia, is not at all entitled to any arrear salary.
In view of the above, I find that the order dated 31.07.2019, passed by this Court in WP(C) 4543/2018 has been complied with, as revealed by the letter dated 26.08.2021, referred to above, and there is not any violation of the order of this Court.
Accordingly, this Contempt Petition is closed.
A copy of the aforesaid letter dated 26.08.2021, written to the District Elementary Education Officer, Kamrup, Amingaon, Guwahati, by the respondent no. 4, produced by Mr. B. Purkayastha, learned counsel for respondent no. 4, is retained and the same shall form a part of the records, which shall be marked as ‘X’ for identification.
JUDGE
Comparing Assistant
TARUN CH. DEV SARMA
PREETAM SAIKIA
BIJOYA CHOUDHURY
APURBA THAKURIA
PRABIN CH. RABHA
SHYAM JAGANNATHAN
Nani Tagia
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
