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2025 DAILYLAW 9825 (GAU)

SYEDA ELINA DEWAN v. PREETOM SAIKIA AND ANR.

Cont.Cas(C)/183/2021 · 2025-03-04

K Sema

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010063662021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/183/2021 SYEDA ELINA DEWAN W/O- MEHBUBAR RAHMAN, R/O- BRICK FIELD RAILWAY COLONY, ASSAM, DIST.- KAMRUP VERSUS PREETOM SAIKIA AND ANR. COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY AND SECONDARY EDUCATION DEPTT., GHY-6 2:SHRI BHARAT BHUSAN DEB CHOUDHURY SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR H DAS, R BORUAH Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE K. SEMA ORDER Date : 05.03.2025 Heard Mr. H. Das, the learned counsel for the petitioner and Mr. S. M. T. Chistie, the learned counsel for the respondent nos. 1 & 2. Page No.# 2/3 In the order dated 18.11.2020 passed by this Court in WP(C) 4777/2020, the following directions was passed in the paragraph 8 of the said order ; “By requiring the Commissioner and Secretary to consider the claim of the petitioner, we do not mean that the claim of the petitioner has to be allowed, what we mean is that the Commissioner and Secretary shall apply his own mind and pass a reasoned order on the claim of the petitioner. Till such a reasoned order is passed, one vacant post of Subject Teacher in Logic and Philosophy shall not be filled up by any other means. In the event, the said post had already been filled up in the meantime, the claim of the petitioner may be considered for any other suitable post that may be available.” Mr. S. M. T. Chistie, the learned counsel for the respondent nos. 1 & 2 by placing order dated 12.08.2022 passed by the Government of Assam, Secondary Education Department, Dispur Guwahati-6 submits that the order dated 18.11.2022 passed in WP(C) 4777/2020 has been complied with.This court has perused the order dated 12.08.2022 which inter-alia reads as follows ; “After careful consideration of the above, it is decided that after completion of the ongoing process of submission of applications through online portal, the transfer and posting of teachers including the petitioner shall be done provided that she fulfils the criteria as laid down in the Transfer Act, 2020 and subject to registration & submission of application in the on-line portal. This is issued in compliance of the Hon’ble Gauhati High Court’s Order dated 18/11/2020 passed in WP(C ) No.4777/2020.” In view of the order dated 12.08.2022 issued by the Government of Assam, Secondary Education Department, Dispur, Page No.# 3/3 Guwahati, the learned counsel for the petitioner submits that the present contempt petition can be closed. In view of the submissions made by the learned counsel for the parties and on perusal of the order dated 12.08.2022, the contempt petition stands closed. The copy of the order dated 12.08.2022 shall be placed on record. JUDGE Comparing Assistant