ASSAM INSTITUTE OF HEALTH ALLIED SCIENCE v. KASTURI BHARALI AND ORS
I.A.(Civil)/1019/2025 · 2025-04-06
Soumitra Saikia
Transfer Petitionbody2025
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[ 2025 DAILYLAW 9221 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 9221 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010054402025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1019/2025 ASSAM INSTITUTE OF HEALTH ALLIED SCIENCE REPRESENTED BY ITS MANAGING DIRECTOR, MANASHI CHALIHA DEKA, AGED ABOUT 48 YEARS, W/O JAYANTA DEKA, R/O VILL-MAZGAON, P.O.- TEZPUR, DIST-SONITPUR, ASSAM, PIN-784001 VERSUS KASTURI BHARALI AND ORS THE DIRECTOR, EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY, ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY, ASSAM, REHABARI, GUWAHATI-781008 2:MS. ARTI AHUJA THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING GOVT. OF INDIA SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001. 3:MR. ATUL KUMAR TIWARI THE SECRETARY OF THE MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP GOVT. OF INDIA ROOM NO. 524 SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001. 4:B.KALYAN CHAKRAVARTHY PRINCIPAL SECRETARY SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT
Page No.# 2/5 BLOCK D 1ST FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI 05 5:ANANT LAL GYANI THE DIRECTOR EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY ASSAM REHABARI GUWAHATI 78100 Advocate for the Petitioner : MR. S K DAS, Advocate for the Respondent : MR. R K D CHOUDHURY, MR. K K PARASAR Linked Case : Cont.Cas(C)/139/2022 ASSAM INSTITUTE OF HEALTH ALLIED SCIENCE REPRESENTED BY ITS MANAGING DIRECTOR MANASHI CHALIHA DEKA AGED ABOUT 48 YEARS W/O JAYANTA DEKA R/O VILL-MAZGAON P.O.-TEZPUR DIST-SONITPUR ASSAM PIN-784001 VERSUS KASTURI BHARALI AND ORS. THE DIRECTOR EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY ASSAM REHABARI GUWAHATI-781008 2:MS. ARTI AHUJA THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT
Page No.# 3/5 DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING GOVT. OF INDIA SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001. 3:MR. ATUL KUMAR TIWARI THE SECRETARY OF THE MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP GOVT. OF INDIA ROOM NO. 524 SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001. ------------ Advocate for : MR. S K DAS Advocate for : MR S P DAS appearing for KASTURI BHARALI AND ORS. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04.2025 Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. S.P. Das, learned counsel for the respondents. This interlocutory application has been filed seeking impleadment of opposite parties No. 4 & 5 as party respondents in Cont. Cas(C) No. 139/2022. It is submitted that the directions contained in the order dated 20.08.2021 passed in W.P(C) No. 542/2021 has not been complied with.
The learned counsel for the applicant submits that by the said order passed by the Co- ordinate Bench, directions were issued to the Director, Employment and Craftsman Training and Member Secretary, Assam Skill Development Initiative Society Assam to carry out the directions contained in the said order. The learned counsel for the applicant submits that notwithstanding the directions contained, the same has not been carried out by the respondent authorities requiring the petitioner to approach this Court by filing contempt petition. In the contempt petition, Smti Kasturi Bharali was arrayed as the Director, Employment and Craftsman Training and Member Secretary, Assam Skill Development Initiative Society Assam and she has been demitted office as a Director and in her place Shri Anant Lal Gyani has been appointed as Director. The interlocutory application is therefore filed seeking impleadment of new incumbent to the post of Director as well as the Principal Secretary, Skill Employment & Entrepreneurship Department as respondents No. 4 & 5 respectively in the contempt petition No. 139/2022. Page No.# 5/5 The learned counsel representing the respondents No. 1, 2 & 3 appeared before this Court. Considering the submissions made and taking note of the directions contained in the order dated 20.08.2021 passed in W.P(C) No. 542/2021, this interlocutory application stands allowed. Shri B. Kalyan Chakravarthy, Principal Secretary, Skill Employment & Entrepreneurship Department and Shri Anant Lal Gyani, Director, Employment and Craftsman Training and Member Secretary, Assam Skill Development Initiative Society, Assam are directed to be arrayed as party respondents No. 4 & 5 in Contempt Case No. 139/2022. The applicant will file amended cause title before the Registry within a period of two weeks from today. Accordingly, the Interlocutory Application stands disposed of in terms of the above. JUDGE Comparing Assistant