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2026 DAILYLAW 8020 (GAU)

PUTUL CHANDRA BARUAH AND 3 ORS. v. PRITAM SAIKIA AND 2 ORS.

Cont.Cas(C)/412/2020 · 2026-06-10

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010122982020 2026:GAU-AS:8301 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/412/2020 PUTUL CHANDRA BARUAH AND 3 ORS. S/O- SADANANDA BARUAH, R/O- VILL.- REBOTI, P.O. LIGRIPUKHURI, P.S. NAZIRA, DIST.- SIVASAGAR, ASSAM. 2: PREMLATA KONWAR W/O- AMIT PHUKAN R/O- RAHDOIPUKHURI PATAR GAON P.O. DHUPABON DIST.- SIVASAGAR ASSAM. 3: THANESWAR HATIMURIA S/O- PHANIDHAR HATIMURIA R/O- VILL.- HATIMURIA R/O- VILL.- HARKINAR P.O. PEOLIPHUKAN P.S. GELEKI DIST.- SIVASAGAR ASSAM. 4: EDWARD GOLUWAR S/O- SIMON GOLUWAR R/O- NIMAIGARH HABIGAON P.O. DHUPABOR P.S. MATHRAPUR DIST.- SIVASAGAR ASSAM VERSUS PRITAM SAIKIA AND 2 ORS. THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, Page No.# 2/4 ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GAUHATI-06, ASSAM. 2:DR. BIJOYA CHOUDHURY DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GAUHATI-19 ASSAM. 3:ABDUL JALIL DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR DIST.- SIVASAGAR ASSAM. (ALSO INCHARGE INSPECTOR OF SCHOOLS NAZIRA DIST.- SIVASAGAR ASSAM Advocate for the Petitioner : MR. P J SAIKIA, MR. A K GUPTA Advocate for the Respondent : MS. P CHAKRABORTY, MR. D SAIKIA,MR A CHALIHA,MS. N PHUKAN,MR. D SAIKIA BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 11-06-2026 1. Heard learned counsel for the petitioners. Also heard Mr. SMT Chistie, learned counsel for the respondents. 2. Alleging willful and deliberate violation of the common order dated 10.09.2019 passed in WP(C) No. 4018/2014, wherein the direction was issued to the respondents to make payment of arrear Page No.# 3/4 of salaries to the petitioners, the present contempt petition is filed. 3. On the other hand, it is the stand of the respondents that there are many other similarly situated persons, who filed writ petitions claiming arrears of salary and current salary. Being situated thus, the State in Education Department, finding the appointments of such persons to be irregular/illegal, formed Screening Committee, wherein the petitioners and other similarly situated persons participated. 4. Thereafter, based on the report of the Screening Committee, those whose appointments were found to be irregular were offered fresh appointments in different categories i.e., Tutors and Teachers, based on their educational qualifications as per the extent norms, by creating personnel post, which were to be abolished on retirement of those Teachers/Tutors. 5. The petitioners accepted such appointment and are continuing in their service in support of which Mr. Chistie, learned counsel for the respondents/contemnors has produced the details with a list in similar cases. 6. In view of the aforesaid submission, this court is of the opinion that the order dated 10.09.2019 passed in WP(C) No. 4018/2014 stands complied with. 7. Accordingly, the present contempt petition stands closed. However, the petitioner shall be at liberty to assail such Page No.# 4/4 appointment as permissible under law. JUDGE Comparing Assistant