Dismissed

Malek Hussain v. Ajay Tewari and 5 Ors.

Gauhati HC4 Apr 2023Cont.Cas(C)/323/2020

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a contempt petition alleging non-compliance with an order to regularize the petitioner's service. The Court found the respondents had complied via a regularization order dated 03.04.2023, recalling the contempt notice.

What did the court decide?

Contempt petition dismissed; notice of contempt issued on 23.03.2022 recalled; regularization order dated 03.04.2023 kept on record.

Malek Hussain Vs Ajay Tewari and 5 Ors. — Contempt of Court | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010108892020

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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)/323/2020

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MALEK HUSSAIN

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S/O- LT. JAHAR ALI, R/O- VILL- SATBIL PART-II, P.O. BINYAKHATA, P.S. GOSSAIGAON, DIST.- KOKRAJHAR, (BTAD), ASSAM, PIN- 783336

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VERSUS

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AJAY TEWARI AND 5 ORS. IAS, THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM HIGHER EDUCATION, DISPUR, GHY-6

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2:GITIMONI PHUKAN ACS THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GHY-19 3:ANUSHILA CHAKRABARTY PRINCIPAL INCHARGE-CUM-MEMBER SECRETARY BILASIPARA COLLAGE BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348 4:GAUTAM CHAUDHURY PRESIDENT GOVERNING BODY BILASIPARA COLLAGE BILASIPARA DIST.- DHUBRI ASSAM

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PIN- 783348

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5:SHRI PREETOM SAIKIA IAS COMMISSIONER AND SECRETARY GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT BLOCK-(C) ASSAM SECRETARIAT GROUND FLOOR DISPUR GHY-06. 6:SHRI DHARMA KANTA MILI ACS DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GHY-19

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : MR. K GOGOI

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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04/04/2023

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Heard Mr. M U Mondal, learned counsel for the petitioner and Mr. K Gogoi, learned Standing counsel, Higher Education Department.

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Matter pertains to non-compliance of the order dated 21.10.2019 passed in WP(C) No. 3712/2018, whereby the Court directed to regularize/adjust the service of the petitioner against the available blocked sanctioned post as per the Office Memorandum dated 17.07.2004 of the State Government in the Higher Education Department of the State and the decision of this Court passed earlier on 15.06.2018 in WP(C) No. 193/2018.

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During the deliberation of the matter, Mr. K Gogoi, learned Standing counsel, Higher Education Department placed before the Court a copy of the order under No. DHE/CE/CC/67/2020/102 dated 03.04.2023 issued by the Director of Higher Education, Assam,

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whereby the service of the petitioner, Md. Malek Hussain as an Assistant Professor of History in Bilasipara College, Bilasipara, District-Dhubri, who was serving against a non-sanctioned post earlier has been regularized against the sanctioned vacant post of Assistant Professor in the said College against a converted vacant sanctioned post of Assistant Professor of that College from the Department of Mathematics to the Department of History as Dr. Raju Bordoloi of the said college was released; from the date of joining of the petitioner in that vacant sanctioned post, in a fixed scale of pay of Rs.55000/- with certain terms and conditions.

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Further, the Director of Higher Education, Assam on 03.04.2023 also forwarded a letter to the Standing counsel, Higher Education Department to apprise the Court about said regularization of service of the petitioner in compliance of the order dated 21.10.2019 passed in WP(C) No. 3712/2018.

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In view of the above, as the respondents have already complied with the order dated 21.10.2019 passed in WP(C) No. 3712/2018, there is no such contempt of Court on the part of the respondents.

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Accordingly, this contempt petition, being devoid of merit, stands dismissed.

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The notice of contempt issued upon the respondents/contemnors earlier on 23.03.2022 is hereby recalled.

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Copy of the communication dated 03.04.2023 as well as the order of regularization of service of the petitioner dated 03.04.2023 both issued by the Director of Higher Education, Assam be kept as a part of the record.

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JUDGE

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Comparing Assistant

Malek Hussain v. Ajay Tewari and 5 Ors.

Case brief

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Malek Hussain v. Ajay Tewari and 5 Ors.

Case brief

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