Bijoy Baruah and 8 Ors. v. Preetom Saikia

Gauhati HC11 Jun 2026Cont.Cas(C)/276/2016

Case brief

AI extract

What is this about?

Gauhati High Court order dated 12.06.2026 in Cont.Cas(C)/276/2016 (Bijoy Baruah and 8 Ors. v. Preetom Saikia and others), Arun Dev Choudhury, J. Contempt alleging violation of judgment and order dated 30.09.2015 in WP(C) No. 1474/2012 for arrear of salaries; Screening Committee; fresh appointments as Tutors and Teachers on created personnel posts abolitable on retirement; held the writ judgment stands complied with; contempt petition closed; petitioners at liberty to challenge the appointments.

What did the court decide?

Contempt petition closed, the Court holding that the judgment and order dated 30.09.2015 in WP(C) No. 1474/2012 stands complied with; petitioners left at liberty to assail the fresh appointments as permissible under law. ¶¶33

Bijoy Baruah and 8 Ors. Vs Preetom Saikia — Contempt of Court | Gauhati HC (2026)

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GAHC010203822016

2026:GAU-AS:8361

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

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Case No. : Cont.Cas(C)/276/2016

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BIJOY BARUAH and 8 ORS S/O- LT. HAREN BARUAH, R/O VILL.- RAIDONGIA, P.O. and P.S.GHILAMARA, DIST.- LAKHIMPUR ASSAM.

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2: LAKHIMAI BHAGAWATI W/O- SRI JADAV SHARMA R/O- GOPALPUR P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

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3: PRADIP KR. DAS S/O- LT. JOGENDRA DAS R/O VILL.- DHAPALIAL GAON P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

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4: JAYANTI BARUAH W/O- SRI AKON GOHAIN R/O- LELUANI P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM. 5: MANIRAM BORAH S/O- LT. LILESWAR BORAH R/O VILL.- BONGKLENG P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

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6: HEMOPROVA KONCH W/O- SRI BIDYA DUTTA

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R/O VILL.- LELUANI P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

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7: NIVA RANI CHUTIA W/O- SRI SUBODH GOHAIN R/O VILL.- MOINAPARA P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

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8: JOGESWAR GOGOI S/O- LT. LAKHI NATH GOGOI R/O VILL.- LAMU GAON P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

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9: MOHAN CH. KONWAR S/O- LT. JOGYASWAR KONWAR R/O VILL.- NIZ MELENGI P.O. and P.S.- GHILAMARA DIST.- LAKHIMPUR ASSAM

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VERSUS

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PREETOM SAIKIA

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THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GHY- 6.

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2:SANJEEV BHUYAN THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY- 9

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Advocate for the Petitioner : MR.K K MAHANTA, MR.K SINGHA,MS.P BARUAH

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Advocate for the Respondent : MR.R MAZUMDARR- 1and2, MR.D CHETIA(R- 1&2),MR.H BEZBARUAH(R-1),MR.N SARMA(R-2),MR.R M DEKA(R-2)

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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12.06.2026

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Heard the learned counsel for the petitioners. Also heard Mr. S. M. T. chistie, learned counsel for the respondents.

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Alleging willful and deliberate violation of the Judgment and Order dated 30.09.2015 passed in WP(C) No. 1474/2012, wherein the direction was issued to the respondents to make payment of arrear of salaries to the petitioners, the present contempt petition is filed.

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On the other hand, it is the stand of the respondents that there are many other similarly situated persons, who filed writ petitions claiming arrears of salary and current salary. Being situated thus, the State in Education Department, finding the appointments of such persons to be irregular/illegal, formed Screening Committee, wherein the petitioners and other similarly situated persons participated.

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Thereafter, based on the report of the Screening Committee, those whose appointments were found to be irregular were offered fresh appointments in different categories i.e., Tutors and Teachers, based on their educational qualifications as per the extent norms, by creating personnel post, which were to be abolished on retirement of those Teachers/Tutors.

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The petitioners accepted such appointment and are continuing in their service in support of which Mr. Chistie, learned counsel for the respondents/contemnors has produced the details with a list in similar cases.

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In view of the aforesaid submission, this Court is of the opinion that the Judgment and Order dated 30.09.2015 passed in WP(C) No. 1474/2012, stands complied with.

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Accordingly, the present contempt petition stands closed. However, the petitioners shall be at liberty to assail such appointment as permissible under law.

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JUDGE

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Comparing Assistant

Bijoy Baruah and 8 Ors. v. Preetom Saikia

Case brief

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Bijoy Baruah and 8 Ors. v. Preetom Saikia

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