Dipti Das Vs Dr. Bijoya Choudhury, Acs and Ors. — Contempt of Court | Gauhati HC (2026)

Dipti Das Vs Dr. Bijoya Choudhury, Acs and Ors. — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

No direction issued for payment of arrear salary; the contempt petition stands closed upon the Court's finding that the judgment dated 17.03.2022 has been complied with, with liberty to the petitioner to approach the appropriate forum for any remaining grievance. Copy of the order dated 05.03.2026 furnished by counsel for the respondents/contemnors kept on record.

Issue for consideration

Whether there has been willful and deliberate violation of the judgment dated 17.03.2022 passed in WP(C) No. 1046/2019, constituting contempt. +1 more

Court's answer

In view of the regularization order dated 05.03.2026, the judgment dated 17.03.2022 passed in WP(C) No. 1046/2019 has duly been complied with; accordingly no contempt survives.

Ratio / Principle

The Court declined to pass any order on the prayer for arrear salary, holding that it cannot expand a contempt proceeding into a writ proceeding by issuing a writ of mandamus.

Key takeaways

The petitioner shall be at liberty to approach the appropriate forum if any grievance remains.ratio¶¶29

Detailed headnote1 paragraphs

Contempt petition (Cont.Cas(C)/292/2022, Gauhati High Court, Arun Dev Choudhury, J., order dated 06-03-2026) alleging willful and deliberate violation of the judgment dated 17.03.2022 in WP(C) No. 1046/2019, whereby the Court had set aside the order dated 31.10.2018 of the Commissioner and Secretary, Elementary Education Department, Government of Assam (refusing recommendation for regularization on account of a ban on appointment) and had remanded the matter for a fresh order. On remand the petitioner was appointed a Stipendiary Teacher, to which she objected; during the pendency of the contempt petition, order dated 05.03.2026 regularized her service as Stipendiary Teacher (LP) from 01.09.2004 to 19.10.2012 and as regular Teacher from 20.10.2012 to 31.12.2016. Holding the judgment duly complied with, the Court closed the petition, declining to direct payment of arrear salary on the ground that a contempt proceeding cannot be expanded into a writ proceeding by issuing a writ of mandamus, while leaving the petitioner at liberty to approach the appropriate forum for any residual grievance.

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GAHC010102832022

2026:GAU-AS:3292

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

Case No. : Cont.Cas(C)/292/2022

DIPTI DAS

W/O- SRI DILIP DAS, RESIDENT OF VILL.- GHARMARA, P.O.- GHARMARA, P.S. NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM.

VERSUS

DR. BIJOYA CHOUDHURY, ACS and ORS. SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06 (I/C PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT. )

2:NARAYAN KONWAR IAS SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (ELEMENTARY)DEPARTMENT DISPUR

GUWAHATI-06 ( I/C PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM EDUACTION(ELEMENTARY) DEPARTMENT

3:SMTI. MALABIKA CHOUDHURY IAS SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (SIU) DEPARTMENT DISPUR GHY-06

Advocate for the Petitioner : MR. N BORAH, S K LAHAN,MR H MAZUMDER

Advocate for the Respondent : MR. D SAIKIA, MR P NAYAK(R3),MR A CHALIHA9R3),MR. B GOGOI(R3),MR A CHALIHA,MR. P K BORAHR-2),MR S M T CHISTIER-2),MR. D SAIKIA (R-

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2),MR. P K BORAH,MR. N J KHATANIAR

BEFORE

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

06-03-2026

1. Heard Mr. N. Borah, learned counsel for the petitioner and Mr. P.K. Borah, learned counsel for the respondents/contemnors.

2. The present contempt petition is filed alleging willful and deliberate violation of the judgment dated 17.03.2022, passed in WP(C) No. 1046/2019.

3. In the aforesaid writ petition, the order dated 31.10.2018 issued under the signature of the Commissioner and Secretary to the Government of Assam, Elementary Education Department was challenged, whereby the name of the petitioner for regularization of service was not recommended for the reason that during the period, a ban on appointment was in force.

4. This Court under its judgment dated 17.03.2022(supra), setting aside the aforenoted impugned order, remanded the matter to the concerned Commissioner & Secretary to pass a fresh order.

5. Accordingly, a fresh order was passed appointing the petitioner as a Stipendiary Teacher. However, she objected to such appointment of Stipendiary Teacher and subsequently, during the pendency of this contempt petition, order dated 05.03.2026 has been passed, whereby the petitioner’s service was regularized as a Stipendiary Teacher (LP) with effect from 01.09.2004 to 19.10.2012 and as a regular Teacher with effect from 20.10.2012 to 31.12.2016.

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6. In view of the aforesaid, this Court is of the opinion that the judgment dated 17.03.2022 (supra), has duly been complied with.

7. At this stage, this Court is not inclined to pass any order as regards the prayer of the petitioner that a direction may be issued for payment of arrear salary, inasmuch as, this Court cannot expand the contempt proceeding to a writ proceeding by issuing writ of mandamus.

8. However, the petitioner shall be at liberty to approach the appropriate forum, if any grievance remains.

9. Accordingly, this contempt petition stands closed.

10. Copy of the order dated 05.03.2026 so furnished by Mr. P.K.Borah,learned counsel representing the respondents/ contemnors is kept on record.

JUDGE

Comparing Assistant