Page No.# 1/3 GAHC010254022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/604/2025 SULEMAN ALI SO LATE ABDUR RAHMAN, R/O VILL- PUB CHUBA, P.O- KHARUPETIA, P.S- DHULA, DIST- DARRANG, ASSAM, PIN- 784115 VERSUS SHAH NAWAZ CHOUDHURY, IAS SECRETARY, SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF ASSAM, SECOND FLOOR, BLOCK-C, JANATA BHAWAN, DISPUR, GUWAHATI, PIN- 781006 Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MRS. S Y AHMED Advocate for the Respondent : MR S M T CHISTIE, MR. U SARMA BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.05.2026 Mr. M. K. Hussain, the learned counsel for the petitioner and Mr. U. Sharma, the learned counsel for sole respondent. 2. By this application file under Section 11 and 12 of the Contempt of Courts Page No.# 2/3 Act, 1971, read with Article 215 of the Constitution of India, the petitioner has alleged wilful and deliberate violation of the order dated 08.04.2025, passed in Writ Petition No. 3456/2022. By the said order dated 08.04.2025, this court had given a direction to the Secretary to the Government of Assam, Education Department, to take a decision, as to the basis for making the seniority list of the incumbents. 3. The said order was passed on consent of all the parties. The learned single judge further directed that the decision should be taken by the Secretary to The Government of Assam Education Department, as to what should be the basis for making the inter se seniority between the parties, with the further direction that the seniority position of respondent no. 6, and the petitioner of the said petition should be reflected in the gradation list to be so made and the exercise was directed to be conducted within a period of 3 months from the date of the receipt of the order.It was also directed that while taking the decision, an opportunity of hearing to the petitioner should be given. 4. Mr. U. Sharma, learned counsel appearing for the sole respondent has placed an instruction received from the Secretary to the Government of Assam, by which it was revealed that in compliance of the order mentioned above, a hearing was conducted on 17.07.2025, wherein, the petitioner and the respondent were present and after hearing the incumbents and on cursory perusal of the documents submitted, a decision was taken that seniority will be fixed on the basis of the scale of pay of the incumbents. 5. It is also communicated that, after fixing the seniority on the basis thereof, a request was made to the Director of Secondary Education to prepare the gradation list. Page No.# 3/3 6. As such, it is seen that the order has been almost complied with to the effect that hearing was conducted and the petitioner and respondent participated and on examination of the documents, seniority was considered to be fixed on the basis of scale of pay of both the incumbents. 7. It is also noticed that request is made to the Director of Secondary Education to draft the gradation list on the basis thereof. 8. In the order dated 08.04.2025, it was directed that after the seniority position is settled between the respondent and the petitioner, the names of both the parties should be reflected in the gradation list to be so made. 9. It is, therefore, seen that the order has been complied with by the authorities concern except the part of preparing the gradation list. As such, it is directed that Director of Secondary Education, Assam should prepare and publish the gradation list as reflected in the compliance order. 10. Accordingly, this contempt case is closed. JUDGE Comparing Assistant