RANJIT KUMAR PEGU v. RANJAN SHARMA, ACS AND 3 ORS.
Cont.Cas(C)/72/2025 · 2025-02-18
N Unni Krishnan Nair
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 7137 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 7137 (GAU) · dailylaw.ai ]
Judgment text
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/72/2025 RANJIT KUMAR PEGU S/O- LATE ARDH SING PEGU, R/O- SONAIGHULI, NIJARAPAR, H NO 146, P.O- SAUKUCHI, HERAMBAPUR PATH, P.S- BASISTHA, GUWAHATI- 781040 IN THE DIST OF KAMRUP (M), ASSAM VERSUS RANJAN SHARMA, ACS AND 3 ORS. SPECIAL COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, TRANSFORMATION AND DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:SMTI. REENA MECH ACS SECRETARY TO THE GOVERNMENT OF ASSAM TRANSFORMATION AND DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006 3:SARAT HAZARIKA JOINT SECRETARY TO THE GOVERNMENT OF ASSAM TRANSFORMATION AND DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006 4:SMTI CHANDANA MAHANTA ACS ASSAM PUBLIC SERVICE COMMISSION KHANAPARA GUWAHATI- 78102 Advocate for the Petitioner : MR. M TALUKDAR, MR. P P DUTTA Advocate for the Respondent : ,
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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR O R D E R Date : 19.02.2025 (Vijay Bishnoi, CJ) Heard Mr. Monomohan Talukdar, learned counsel for the petitioner. This Contempt Petition is filed by the petitioner, herein, alleging that the respondent, herein, has willfully flouted the order passed by this Court, vide order, dated 29.02.2024, in WP(c)6574/ 2023. In the connected writ petition i.e. WP(c)6574/2023; the petitioner, herein, has challenged the legality and validity of the provisions of the Assam Economics & Statistics Service Rules, 1973(as amended), and has also challenged the advertisement, dated 24.08.2023, whereby, the respondents has invited applications from the eligible persons for recruitment to the post of Director of Economics & Statistics under Transformation and Development Department, Government of Assam. This Court, in WP(c)6574/2023, vide order, dated 29.02.2024, while issuing notice to the respondents, has observed that the selection made in pursuance of the advertisement under challenge, would remain subject to the final outcome of the said writ petition. It appears that the post of Director of Economics & Statistics under Transformation and Development Department, Government of Assam, has now become vacant on account of superannuation of the person who was selected
Page No.# 3/3 against the said post pursuant to the advertisement, dated 24.08.2023. In that event, the Government has issued a fresh advertisement, inviting applications from the eligible persons for the above-referred post. It is contended on behalf of the petitioner, herein, that the issuance of the new advertisement in the year 2025, amounts to contempt of Court.
Having heard the learned counsels appearing for the respective parties and after going through the materials available on record; we are of the considered view that vide order, dated 29.02.2024, passed in WP(c)6574/2023; this Court has simply observed that the recruitment process initiated pursuant to the advertisement, dated 24.08.2023, would remain subject to the final outcome of the said writ petition and has not restrained the respondents to issue a fresh advertisement, in case, the post of Director of Economics & Statistics under Transformation and Development Department, Government of Assam, would fall vacant. In such circumstances, we do not find any case of wilfull disobedience on the part of the respondent(s), herein. Hence, the instant contempt petition stands dismissed. JUDGE CHIEF JUSTICE Comparing Assistant