Page No.# 1/3 GAHC010102832022 2026:GAU-AS:3292 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/292/2022 DIPTI DAS W/O- SRI DILIP DAS, RESIDENT OF VILL.- GHARMARA, P.O.- GHARMARA, P.S. NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM. VERSUS DR. BIJOYA CHOUDHURY, ACS and ORS. SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06 (I/C PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT. ) 2:NARAYAN KONWAR IAS SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (ELEMENTARY)DEPARTMENT DISPUR GUWAHATI-06 ( I/C PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM EDUACTION(ELEMENTARY) DEPARTMENT 3:SMTI. MALABIKA CHOUDHURY IAS SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (SIU) DEPARTMENT DISPUR GHY-06 Advocate for the Petitioner : MR. N BORAH, S K LAHAN,MR H MAZUMDER Advocate for the Respondent : MR. D SAIKIA, MR P NAYAK(R3),MR A CHALIHA9R3),MR. B GOGOI(R3),MR A CHALIHA,MR. P K BORAHR-2),MR S M T CHISTIER-2),MR. D SAIKIA (R- Page No.# 2/3 2),MR. P K BORAH,MR. N J KHATANIAR BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 06-03-2026 1. Heard Mr. N. Borah, learned counsel for the petitioner and Mr. P.K. Borah, learned counsel for the respondents/contemnors. 2. The present contempt petition is filed alleging willful and deliberate violation of the judgment dated 17.03.2022, passed in WP(C) No. 1046/2019. 3. In the aforesaid writ petition, the order dated 31.10.2018 issued under the signature of the Commissioner and Secretary to the Government of Assam, Elementary Education Department was challenged, whereby the name of the petitioner for regularization of service was not recommended for the reason that during the period, a ban on appointment was in force. 4. This Court under its judgment dated 17.03.2022(supra), setting aside the aforenoted impugned order, remanded the matter to the concerned Commissioner & Secretary to pass a fresh order. 5. Accordingly, a fresh order was passed appointing the petitioner as a Stipendiary Teacher. However, she objected to such appointment of Stipendiary Teacher and subsequently, during the pendency of this contempt petition, order dated 05.03.2026 has been passed, whereby the petitioner’s service was regularized as a Stipendiary Teacher (LP) with effect from 01.09.2004 to 19.10.2012 and as a regular Teacher with effect from 20.10.2012 to 31.12.2016. Page No.# 3/3 6. In view of the aforesaid, this Court is of the opinion that the judgment dated 17.03.2022 (supra), has duly been complied with. 7. At this stage, this Court is not inclined to pass any order as regards the prayer of the petitioner that a direction may be issued for payment of arrear salary, inasmuch as, this Court cannot expand the contempt proceeding to a writ proceeding by issuing writ of mandamus. 8. However, the petitioner shall be at liberty to approach the appropriate forum, if any grievance remains. 9. Accordingly, this contempt petition stands closed. 10. Copy of the order dated 05.03.2026 so furnished by Mr. P.K.Borah,learned counsel representing the respondents/ contemnors is kept on record. JUDGE Comparing Assistant