AKHIL CHANDRA DEVA SARMA v. PREETOM SAIKIA AND 3 ORS.
Cont.Cas(C)/402/2020 · 2026-09-16
Soumitra Saikia
Writ Petition (Civil)body2020
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[ 2020 DAILYLAW 935 (GAU) · dailylaw.ai ]
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[ 2020 DAILYLAW 935 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010120492020
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/402/2020 AKHIL CHANDRA DEVA SARMA S/O- LT. SIVA NATH SARMA, R/O- VILL- KATPUHA, P.O. ARIKUCHI, P.S.
NALBARI, DIST.- NALBARI, ASSAM VERSUS PREETOM SAIKIA AND 3 ORS.
IAS, THE COMM. AND SECY., GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GHY-06 2:PHANINDRA JIDUNG AES THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 3:RAMESH CH. CHETIA THE INSPECTOR OF SCHOOLS NDC NALBARI ASSAM PIN- 781339 4:SHYAM JAGANNATHAN IAS THE COMM. AND SECY.
GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 5:B KALYAN CHAKRAVARTY
Page No.# 2/4 IAS THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM
EDUCATION(SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006.
6:SRI S.N. CHOWDHURY ACS THE SECRETARY GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT(DEPARTMENT OF SCHOOL EDUCATION) DISPUR GUWAHATI-06.
7:SMT MAMATA HOJAI AES THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
8:JAYANTA THAKURIA AES INSPECTOR OF SCHOOLS NDC NALBARI DIST-NALBARI ASSAM PIN-781339.
9:SHRI JAYANTA NARLIKAR IAS COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. B KUMAR, MR. T ALI,MR. K M HALOI Advocate for the Respondent : , MS. P CHAKRABORTY (R2),MR. D SAIKIA (R2)
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
17.09.
2026
Heard Mr. K. M. Haloi, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned counsel appears for the Respondents.
2. This Contempt Petitioner has been filed alleging wilful disobedience of the directions contained in the order dated 31.07.2019, passed in WP(C) No. 1997/2017. The relevant portion of the directions is extracted below:
“Accordingly, it is directed that the respondent authorities shall verify the claim of the petitioner and if it is found that the petitioner had rendered services for the aforesaid period, necessary orders may be passed releasing the same. The exercise in this behalf shall be undertaken and completed within a period of three months from the date of receipt of a certified copy of this order.”
3. After issuance of notice during the pendency of the contempt petition, the
order dated 16.09.2026 has been passed by the Director of Secondary Education. By the said order, after due enquiry and verification of the service records, the petitioner was found to be in school with effect from 01.02.2008 up to 22.05.2008. Accordingly, the Inspector of Schools, Nalbari, has been directed to submit the arrear salary proposal for the period with effect from 01.02.2008 to 22.05.2008 in respect of the petitioner.
Page No.# 4/4
4. A careful perusal of the directions contained in the order, which is extracted above, it is seen that the direction was to verify the claim of the petitioner with regard to arrear salary, and the same has been undertaken, and the period for which the petitioner is stated to be eligible for his claim towards arrear salary has been identified. Consequently, the Inspector of Schools, Nalbari was
directed to submit the arrear salary proposal.
5. Under such circumstances, since this order has been complied with, this Court does not wish to proceed any further in this Contempt Petition.
6. Accordingly, this Contempt Proceeding stands closed.
7. The closure of the present proceedings, however, will not restrain the petitioner from separately challenging the order dated 16.09.2026, if the petitioner is aggrieved by the said order.
JUDGE Comparing Assistant