Page No.# 1/5 GAHC010150722024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/398/2024 JAHANGIR ALOM AND ANR S/O- SAHIDUR RAHMAN, VILLAGE AND P.O. DAFARPUR, P.S. TAMARHAT, DISTRICT- DHUBRI, ASSAM, PIN- 783334 2: HUSSAIN MOHAMMAD RAMEEZ RAJA S/O- AFZAL HUSSAIN VILLAGE- JHAGRAPAR PART-III P.O. JHAGRARPAR P.S. DHUBRI DISTRICT- DHUBRI ASSAM PIN- 78332 VERSUS KAILASH KARTHIK N AND 6 ORS. THE SECRETARY TO THE GOVERNMENT OF ASSAM, PHE PRIMARY HEALTH ENGINEERING DEPARTMENT), DISPUR, GUWAHATI-06. 2:DIBYAJYOTI DUARAH THE CHIEF ENGINEER PHE (PRIMARY HEALTH ENGINEERING) DEPARTMENT HENGRABARI DISTRICT- KAMRUP (M) ASSAM GUWAHATI- 36. 3:KAILASH KARTHIK N THE MISSION DIRECTOR JAL JEEVAN MISSION TO THE GOVT. OF ASSAM PHE DEPARTMENT DISPUR GUWAHATI-781006. Page No.# 2/5 4:PRIYOM PRATIM BHUYAN I/C THE EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION P.O. P.S. AND DIST. DHUBRI ASSAM PIN- 783301. 5:PRIYOM PRATIM BHUYAN THE SELECTION COMMITTEE CONSTITUTED FOR THE PURPOSE OF TECHNICAL OFFICER-I AND TECHNICAL OFFICER-II IN PURPOSE OF ADVERTISEMENT NO. PHEE/DBB/JJM/TC-203/2023-24 UNDER DHUBRI PHE DIVISION REPRESENTED BY ITS MEMBER SECRETARY-CUM-EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION GTB ROAD P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301. 6:PRIYOM PRATIM BHUYAN I/C THE INTERVIEW BOARD CONSTITUTED FOR THE PURPOSE OF THE TECHNICAL OFFICER-I (T.O.-I) AND TECHNICAL OFFICER-II IN PURPOSE OF ADVERTISEMENT NO. PHEE/DBB/JJM/TC-203/2023-24 UNDER DHUBRI PHE DIVISION REPRESENTED BY ITS MEMBER SECRETARY-CUM-EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION GTB ROAD P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301. 7:DIBAKAR NATH THE DEPUTY COMMISSIONER DHUBRI P.O. P.S. AND DIST. DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : Ms. R. R. BORAH, MS. K DAS (P-2),MR. S DIHINGIA (P-2),MR. A A R KARIM Advocate for the Respondent : MR. P N GOSWAMI (R-4), MR. P N GOSWAMI (R-5),MR. R R Gogoi (R-5,6) Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 29.01.2025 Heard Mr. A.A.R. Karim, learned counsel for the petitioners. Also heard Mr. R. Bora, learned counsel for the respondent. This contempt petition is directed against non compliance of the order dated 11.12.2023 passed in WP(C)/5332/2023. The petitioners before the writ court was aggrieved by non issuance of the appointment order upon being selected as Technical Officer-I. The selection process was undertaken under the Dhubri PHE Division pursuant to proper advertisement issued. Being aggrieved the writ petition was filed and by the order dated 11.12.2023, the writ petition came to be disposed of directing the respondents to examine the representation submitted by the petitioners and upon examination appropriate step be taken in the matter as found fit and proper and in the fact and circumstances of the case. Pursuant to notices being issued, the learned counsel for the PHE has appeared before the court and has placed a speaking order passed by the office of the Member Secretary, District Water & Sanitation Mission cum Executive Engineer (PHE), Dhubri Division, Dhubri. By the said order dated 31.08.2024 it is mentioned therein that pursuant to the communication received from the Mission Directorate, Jal Jivan Mission (JJM), Assam vide reference No.JJMA- 01/HRD/2020/Pt-II/4429 dated 28.08.2024, JJM, Assam has achieved 80% of work progress and 320 regular engineers will soon be recruited under PHED through APSC. Therefore, technical man power required for Dhubri District will Page No.# 4/5 be filled up from other Divisions or from those newly recruited PHED Engineers. In respect of engagement of Technical Officer-I and Technical Officer-II on contractual basis under Dhubri (PHE) Division, the instructions received from the Office of the Managing Director, JJM, Assam will be followed. Referring to the instructions, the learned counsel appearing for the respondent submits that the case of the petitioner has been duly considered in terms of the direction contained in the order dated 11.12.2023 passed in WP(C)/5332/2023 and in view of the decision taken at the appropriate level in JJM, Assam, the requirement of engagement of Technical Officer-I and Technical Officer-II on contractual basis is no longer necessary as steps have been taken for appointment of Regular Engineers through APSC and technical man power in the Dhubri District will be filed up from the other districts or from the newly recruited the PHED Engineers. The direction contained in the order dated 11.12.2023 passed in WP(C)/5332/2023 is to the respondents to consider and to examine the representations submitted and to pass appropriate orders. Both the learned counsel at the bar submit that the order dated 11.12.2023 passed in WP(C)/5332/2023 was issued by the court without issuing notice and the writ petition came to be disposed of on the first day. Under such circumstances, in view of the speaking order issued by the Member Secretary, District Water & Sanitation cum Executive Engineer (PHE), Dhubri Division, Dhubri, the direction of the learned Single Judge requiring consideration of the case of the petitioner and for passing appropriate orders has been complied with. The petitioners are at liberty to assail the speaking order dated 31.08.2024 as well as the communication No.JJMA-01/HRD/2020/Pt-II/4429 Page No.# 5/5 dated 28.08.2024 if they are still aggrieved and are so advised. Taking into consideration the submissions made and the instructions furnished before this Court, this contempt petition stands closed. Copy of the communication dated 31.08.2024 is kept to the case records. Notices issued are recalled. JUDGE Comparing Assistant