Disposed¶30

Smti Ajanta Dutta and 2 Others v. the State of Assam and 3 Others

Gauhati HC6 Aug 2025WP(C)/2500/2025

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/2500/2025; order dated 07.08.2025; Nelson Sailo, J.; neutral citation 2025:GAU-AS:10312; tracking GAHC010097442025. Salary arrears of contractual employees; non-payment of wages after reappointment on contract basis; Jorhat Institute of Science and Technology; follow-up to WP(C)/3227/2021 and termination dated 24.06.2021; workers cannot be employed without payment of salary; parity with 35 other paid contractual staff; Dedicated College Development Fund; direction to verify and pay within two months.

What did the court decide?

Respondents directed to verify the petitioners' claim for salaries and to pay the same as early as possible and not later than the outer limit of 2 (two) months from the date of receipt of a certified copy of the order. ¶30

Smti Ajanta Dutta and 2 Others Vs the State of Assam and 3 Others — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether direction should be issued to the respondents to pay the petitioners their due salaries — unpaid since October 2024 despite reappointment on contract basis vide Office Order dated 07.10.2024, and for the period November 2019 to June 2021. +1 more

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Court's answer

There being no dispute with regard to utilization of the petitioners' services, the respondents cannot avail their services without paying them any salary; their reappointment on 07.10.2024 demonstrates the requirement of their service.

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Ratio / Principle

Other 35 contractual employees of the College having been paid their salary while the petitioners were excluded, such an arrangement cannot continue.

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Key takeaways

The writ petition is disposed of directing the respondents to verify the claim of the petitioners for their salaries and to pay the same as early as possible and not later than the outer limit of 2 (two) months from the date of receipt of a certified copy of the order.ratio¶30

Detailed headnote1 paragraphs

Gauhati High Court (Nelson Sailo, J.), WP(C)/2500/2025, order dated 07.08.2025: Three former contractual employees of Jorhat Institute of Science and Technology, whose services were terminated on 24.06.2021 as irregular, had obtained disposal of WP(C)/3227/2021 by order dated 06.06.2023 preserving liberty for reappointment on contract basis if services were still required. They were re-appointed on contract basis vide Office Order dated 07.10.2024, yet remained unpaid since October 2024 and also for November 2019 to June 2021. Holding that there being no dispute as to utilization of their services, the respondents cannot avail their services without paying salary, and that payment of 35 other contractual employees while excluding the petitioners was an arrangement that could not continue, the Court directed the respondents to verify the salary claims and pay the dues as early as possible and not later than two months from receipt of a certified copy of the order.

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GAHC010097442025

2025:GAU-AS:10312

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

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Case No. : WP(C)/2500/2025

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SMTI AJANTA DUTTA AND 2 OTHERS

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AGED ABOUT 49 YEARS D/O LT SURENDRA KUMAR DUTTA R/O VILLAGE - KHAJURIGURI (BORGIAON), P.O. JORHAT, DISTRICT - JORHAT, ASSAM - 785001.

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2: SMTI BIDYARTHI BORA AGED ABOUT 30 YEARS D/O AMAL CHANDRA BORA R/O VILLAGE - RAJAHOWLI SONARIGAON P.O. KOROKATALI P.S. AND DISTRICT - JORHAT ASSAM -785015.

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3: SMTI NABANITA BORTHAKUR AGED ABOUT 37 YEARS D/O ANANTA BORTHAKUR R/O VILLAGE - SOUMARPITHCHOLADHASA P.S. AND P.O. JORHAT DISTRICT - JORHAT ASSAM - 785001

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VERSUS

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THE STATE OF ASSAM AND 3 OTHERS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF EDUCATION DEPARTMENT, DISPUR, GUWAHATI - 781006.

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2:THE DIRECTOR OF TECHNICAL EDUCATION KAHILIPARA GUWAHATI - 781019.

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3:THE JORHAT INSTITUTE OF SCIENCE AND TECHNOLOGY SOTAI CHENIJAN

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P.O.JORHAT DISTRICT - JORHAT ASSAM - 785010.

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4:THE PRINCIPAL JORHAT INSTITUTE OF SCIENCE AND TECHNOLOGY SOTAI CHENIJAN P.O. JORHAT DISTRICT - JORHAT ASSAM - 785010

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Advocate for the Petitioner : MR B D DAS, MR H K SARMA,MR D KALITA,MR. H R DAS,MR J LOTHA

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Advocate for the Respondent : SC, HIGHER EDU,

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 07.08.2025

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Heard Mr. B. D. Das, learned Senior counsel assisted by Mr. D. Kalita, learned counsel for the petitioners.

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[2.] This is the second time the petitioner is before this Court. The petitioners were appointed as Section Officer, Office Assistant and Computer Operator respectively, on contract basis under the respondent No.4. Vide order dated 20.07.2019, they were given regular scale of pay and their posts were redesignated as Nazir and Junior Assistant. Pursuant to the regular appointment, petitioners were paid their salaries for the month of August, September and October, 2019 but thereafter salary was stopped. Subsequently, their services came to be terminated vide order dated 24.06.2021 by terming their appointment to be irregular. The petitioners then approached this Court by filing WP(C)/3227/2021 and this Court vide order dated 06.06.2023, disposed of the

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writ petition without interfering with the order of termination of the petitioners from service dated 24.06.2021. However, taking note of the fact that prior to their appointment on regular basis, petitioners were working on contractual basis and therefore this Court observed that the petitioners be reappointed on contract basis, if their services are still required. Further, in the event, the petitioners are taken back to service on contract basis, they shall be allowed to continue as such till regular appointments are made by following due procedure of law.

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[3.] Following the said order, the petitioners were re-appointed on contract basis vide Office Order dated 07.10.2024. However, despite their reappointment, the petitioners claim that they have not been paid their salary since the month of October, 2024 till date. The petitioners also claim that they have not received any salary from November, 2019 to June, 2021 and therefore, direction may be issued to the respondents to pay them their salaries that is due.

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[4.] On 09.06.2025, learned Standing Counsel, Higher Education Department was asked to obtain instructions with regard to the arrangement of fund for payment of salaries to the petitioners. Today, the learned counsel submits that as per the stand taken in the affidavit, the College Principal has informed the petitioners that their pay would be released subject to establishment of a Dedicated College Development Fund. Considering the fact that there is no dispute with regard to utilization of service of the petitioners, the respondents cannot avail their services without paying them any salary. Further, there was no compulsion on the part of the respondent authorities concerned to reappoint them on contract basis as it was clearly observed by this Court that such reappointment be done if it was found to be required. The petitioners having been reappointed on 07.10.2024, and it is therefore clear that there is

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requirement of their service.

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[5.] The Court has also been informed that other 35 contractual employees of the College have been paid their salary while the petitioners have been excluded. Such an arrangement cannot continue. Accordingly, writ petition is disposed of by directing the respondents to verify the claim of the petitioners for their salaries and to pay them the same as early as possible and not later than the outer limit of 2(two) months from the date of receipt of a certified copy of the order.

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Comparing Assistant

Smti Ajanta Dutta and 2 Others v. the State of Assam and 3 Others

Case brief

What is this about?

What did the court decide?

Smti Ajanta Dutta and 2 Others v. the State of Assam and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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