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2026 DAILYLAW 538 (GAU)

SAJAL DAS v. MS. MAMATA HOJAI, AES AND ANR

Cont.Cas(C)/218/2023 · 2026-02-02

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010079512023 2026:GAU-AS:1331 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/218/2023 SAJAL DAS S/O LATE SADAN RAM DAS, SHAYAMAPRASAD ROAD, P.O. AND DIST- KARIMGANJ, PIN-788710, ASSAM VERSUS MS. MAMATA HOJAI, AES AND ANR DIRECTOR OF SECONDARY EDUCATION, ASSAM, KAHILIPARA, GUWAHATI-19 (ASSAM), DIST-KAMRUP (M), PIN-781019 2:ANUP KUMAR DAS INSPECTOR OF SCHOOLS KARIMGANJ P.O.-KARIMGANJ 788710 DIST-KARIMGANJ ASSA Advocate for the Petitioner : MR B MALAKAR, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 03.02.2026 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. S. Page No.# 2/3 M. T. Chistie, learned counsel for the respondent Nos. 1 and 2. The present contempt petition is filed alleging willful and deliberate violation of order dated 28.07.2022 passed in WP(C) No. 7889/2015. By the aforesaid order, this Court directed the respondent authorities for consideration of the case of the petitioner for promotion to the post of L.D. Assistant in terms of Rule 6(6)(b) of the Assam Ministerial District Establishment Service Rules, 1967 read with Govt.’s Circular dated 26.09.1973 issued by the Deputy Secretary to the Government of Assam. It is submitted by the learned counsel for the petitioner that pursuant to the aforesaid order dated 28.07.2022 passed in WP(C) No. 7889/2015, an order has been passed on 03.04.2024 by the Director of Secondary Education, Assam, concluding that the case of the petitioner cannot be considered as at present in view of the amendment of the Rules, however, necessary action on the claim of the petitioner may be taken as per provision of rules and procedures after amendment of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. Above that, the learned counsel for the petitioner submits that petitioner has in the meantime retired. Be that as it may, in the considered opinion of this Court, the order dated 28.07.2022 passed in WP(C) No. 7889/2015, has duly been complied with. Accordingly, this contempt petition stands closed. However, petitioner shall be at liberty to assail the order dated 03.04.2024 passed by the Director of Secondary Education, Assam, if aggrieved, before the appropriate forum. Page No.# 3/3 A copy of the order dated 03.04.2024 passed by the Director of Secondary Education, Assam is kept on record. JUDGE Comparing Assistant