Contempt petition alleging willful disobedience of the Court's order dated 29.05.2023 directing a Municipal Board to pay petitioners regular scale of pay and consider arrear salary. The Court disposed of the contempt petition, directing compliance within two months.
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GAHC010045672024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/120/2024
SRI TAPAN BORAH AND 2 ORS
SON OF - DIMBESWAR BORAH, RESIDENT OF VILL - BALI PUKHURI, P.O. - BURHIGANG, P.S. - BISWANATH CHARIALI, DISTRICT - BISWANATH, PIN - 784176.
2: ANINDITA SAIKIA DAUGHTER OF - MAHENDRA SAIKIA RESIDENT OF - WARD NO. 8 P.O. - BISWANATH CHARIALI P S. - BISWANATH CHARIALI DISTRICT - BISWANATH ASSAM 784176.
3: SWAPNA BORAH
WIFE OF - BINIT KALITA RESIDENT OF - BAMGAON P.O. - BISWANATH CHARIALI P.S. - BISWANATH CHARIALI DISTRICT - BISWANATH ASSAM 784176
VERSUS
SHRI AMORJYOTI BORTHAKUR AND ANR
THE CHAIRMAN, BISWANATH CHARIALI MUNICIPAL BOARD, P,O. - BISWANATH CHARIALI P.S. - BISWANATH CHARIALI, DISTRICT - BISWANATH, ASSAM, 784176.
2:SRI BICHITRA DAS EXECUTIVE OFFICER BISWANATH CHARIALI MUNICIPAL BOARD P.O. - BISWANATH CHARIALI P.S. - BISWANATH CHARIALI DISTRICT - BISWANATH
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ASSAM 784176
Advocate for the Petitioner : MR G CHAMUAH
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 15.03.2024
Heard Mr. G. Chamuah, learned counsel for the petitioner.
By this contempt petition, the petitioner is alleging willful disobedience of the order dated 29.05.2023 passed by this Court in WP(C)/590/2021.
The operative portion of the order dated 29.05.2023 reads as under:
”4. Taking into account that the Biswanath Chariali Municipal Board had given an undertaking before this Court on affidavit that henceforth the Municipal Board shall give the regular scale of pay to each of the petitioners in terms with the office order dated 08.09.2014 and would consider the representation of the petitioners for arrear salary, this Court therefore on the basis of the said undertaking as quoted hereinabove disposes of the instant writ petition.
5.The undertaking so quoted hereinabove shall form a part of the instant order and the respondent Municipal Board shall be bound to comply with the same.
A perusal of the order dated 29.05.2023, would indicate that no time
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frame was given to comply with the directions passed by this Court in the said order.
Accordingly this contempt petition is disposed of directing the respondents to comply with the order dated 29.05.2023, passed in WP(C)/590/2021 within a period of 2(two) months from the date of receipt of a copy of the order of this Court.
Contempt petition is accordingly disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondents willfully disobeyed the order dated 29.05.2023 in WP(C)/590/2021 regarding payment of regular scale of pay and arrear salary.
Sri Tapan Borah
Anindita Saikia
Swapna Borah
Shri Amorjyoti Borthakur
Sri Bichitra Das
Lanusungkum Jamir
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
