Allowed

Sk. Mahammad Zakir Hussain v. Dr Bijoya Choudhury IAS and Ors.

Gauhati HC5 Aug 2025I.A.(Civil)/2423/2025

Case brief

AI extract

What is this about?

In an interlocutory application filed in connection with a contempt petition, the Gauhati High Court allowed the impleadment of the Director of Elementary Education, Assam. The judge directed that the impleaded official be arrayed as a party contemnor number 3.

What did the court decide?

Impleadment of Smt. Suranjana Senapati allowed; she is arrayed as party contemnor No. 3 in Cont.Cas(C)/544/2023; amended cause title to be submitted within three days.

Sk. Mahammad Zakir Hussain Vs Dr Bijoya… — Pension and Retirement Benefits | Gauhati HC (2025)

Page No.# 1/3

GAHC010167672025

2025:GAU-AS:10212

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2423/2025

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SK. MAHAMMAD ZAKIR HUSSAIN

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S/O ABDUL BARI SHEIKH, R/O WARD NO. XI, BAHADURTARI, P.O.-DHUBRI, DIST-DHUBRI, ASSAM

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VERSUS

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DR BIJOYA CHOUDHURY IAS AND ORS THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-781006

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2:SHRI NARAYAN KONWAR IAS SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION ASSAM DISPUR GUWAHATI-781005. 3:SMTI SURANJANA SENAPATI ACS THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 DIST KAMRUP M ASSA

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Advocate for the Petitioner : MR. R ISLAM, MR G U AHMED

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Advocate for the Respondent : ,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 06.08.2025

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Heard Mr. R. Islam, learned counsel appearing for the applicant. Also heard Ms. S. Chutia, learned counsel appearing for the respondents/contemnors.

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By way of this impleading application, the applicant is seeking impleadment of Smt. Suranjana Senapati, ACS, the Director of Elementary Education, Assam, Kahilipara, Guwahati – 781019, in the District of Kamrup (Metro), Assam, as arrayed respondent in the accompanying contempt petition filed against alleged willful and deliberate non-compliance of this Court order dated 10.04.2023, passed in WP(C) No. 3452/2021.

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It is the case of the applicant that the respondent No. 3 whose impleadment has been sought in the instant application has been inadvertently not arrayed as a contemnor in the accompanying contempt proceedings.

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Apt to refer to the relevant portion of the order dated 10.04.2023 passed in WP(C) No. 3452/2021 which reads as under:-

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"In the event of receipt of certified copy of this Order as noted above, the Secretary to the Government of Assam shall dispose of the appeal of the petitioner dated 14.07.2021 in accordance with law following the relevant provisions of the said 2017 Act, within a period of 90 (ninety) days after giving an opportunity of hearing to the petitioner as well as the respondent Nos. 6, 7 and 8.

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Page No.# 3/3

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It is made clear that if in the meanwhile, the petitioner is found to be eligible for provincialisation in terms of the provisions of said 2017 Act, noted above, the respondent authorities in the Elementary Education Department shall provincialise his service from the date of provincialisation of the other teachers of said Bahadurtari M.E. School in the Gauripur Education Block of Dhubri District, giving him all such financial and other service benefits as per his entitlement in accordance with law."

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Reading of the aforesaid paragraphs, it appears that the presence of the respondent No. 3 is essential and necessary for the effective adjudication of the contempt proceeding in hand.

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Accordingly, the impleadment application stands allowed. It is provided that Smt. Suranjana Senapati, ACS, the Director of Elementary Education, Assam, Kahilipara, Guwahati – 781019, in the District of Kamrup (Metro), Assam, is arrayed as party contemnor No. 3 in the connected Cont.Cas(C)/544/2023.

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Let amended cause title be submitted within a period of three (3) days from today before the Registry for doing the needful

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Accordingly, the Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

Sk. Mahammad Zakir Hussain v. Dr Bijoya Choudhury IAS and Ors.

Case brief

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Sk. Mahammad Zakir Hussain v. Dr Bijoya Choudhury IAS and Ors.

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