Highbrow v. Kasturi Bharali and Ors

ORDER

08.08.2024

¶1Heard Mr. S.K. Das, learned counsel for the petitioner and Mr. S.P. Das, learned counsel for the respondent nos.1, 4 & 5. Mr. R.K.D. Choudhury, Dy SGI appears for the respondent no.3.

¶2Mr. S.K. Das, learned counsel for the petitioner submits that the order dated 30.07.2021 passed in WP(C) 4709/2020 has not been complied with, inasmuch as, a direction had been issued to the respondents to verify the claims of the petitioner and to make payment of the admitted dues payable to the petitioner. The petitioner's counsel submits that the petitioner's dues were Rs.38,33,500/- and out of which an amount of Rs.6,72,672/- had been paid. However, the remaining balance amount of Rs.31,60,828/- has not been paid by the State respondents.

¶3Mr. S.P. Das, learned counsel for the respondent nos.1, 4 & 5 submits that on verification of the dues of the petitioner, it was found that the petitioner was entitled to payment of Rs.22,44,000/- and that the reason for the same is Page No.# 3/3 provided in the order dated 13.07.2022 issued by the Director, Employment & Craftsman Training, Assam.

¶4Mr. S.P. Das, learned counsel for the respondent nos.1, 4 & 5 submits that for getting the sanction and funds for payment of the admitted dues to the petitioner, supplementary demand proposal has been made, vide letter ECF No.DCT/477556/1/674479/2024 dated 07.08.2024 issued by the respondent no.5 and addressed to the respondent no.4. The said letter is made a part of the record and marked as Annexure-X.

¶5I have heard the learned counsels for the parties.

¶6As the respondents have admitted that the petitioner is entitled to the admitted dues of Rs.22,44,000/-, the respondents are directed to make payment of the same, after obtaining the necessary sanction and funds, within a period of 3 (three) months from the date of receipt of a copy of this order. With regard to the disputed amount, the petitioner is given the liberty to approach the Civil Court as per law.

¶7The contempt petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010072422022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/227/2022o HIGHBROWo REP.oBYoITSoSECRETARY,oHASINAoRAHMANoCHOUDHURY,oD/O.oLT.o MATABURoRAHMANoCHOUDHURY,oVILL.oDIMPUR,oP.O.oBISHNUoNAGAR,o DIST.oKARIMGANJ,oASSAM,oPIN-788781. VERSUSo KASTURIoBHARALIoANDoORS.o THEoDIRECTOR,oEMPLOYMENToANDoCRAFTSMANoTRAININGoANDo MEMBERoSECRETARY,oASSAMoSKILLoDEVELOPMENToINITIATIVEo SOCIETY,oASSAM,oREHABARI,oGUWAHATI-781008. 2:MSoARTIoAHUJA oTHEoSECRETARYoTOoTHEoMINISTRYoOFoLABOURoANDoEMPLOYMENTo ANDoTRAININGoGOVT.oOFoINDIAoSHRAMoSHAKTIoBHAWANoRAFIoMARG oNEWoDELHI-110001. 3:MR.oATULoKUMARoTIWARI oTHEoSECRETARYoOFoTHEoMINISTRYoOFoSKILLoDEVELOPMENToANDo ENTREPRENEURSHIP oGOVT.oOFoINDIA oROOMoNO.o524 oSHRAMoSHAKTIoBHAWAN oRAFIoMARG oNEWoDELHI-110001. 4:BoKALYANoCHAKRAVARTHY oPRINCIPALoSECRETARYo SKILL EMPLOYMENToANDoENTREPRENEURSHIPoDEPARTMENTo BLOCK-D 1ostoFLOOR ASSAMoSECRETARIATo DISPUR Page No.# 2/3 GUWAHATI-06 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, MR R KARIM,MR D BARMAN Advocate for the Respondent : MR S P DAS, MS. L DEVI (r-3),MR. R K D CHOUDHURY (r-3) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA