Gauri Sankar Bora and 5 Ors v. Chinmoy Jit Sarma and Anr

ORDER

09.10.2023 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. N. Gautam, learned counsel for the respondents. This contempt petition is filed alleging willful disobidence of the order dated

29.01.2021 passed in W.P(C) No. 497/2021. By the said order, the following direction was passed: Page No.# 3/4 "Heard Mr. S. Borthakur, learned counsel for the petitioners. It is stated that all the petitioners were appointed on contractual basis as teachers at the Rajiv Gandhi Institute of Petroleum Technology, Sivasagar by various orders dated 17.08.2017/23.07.2018. The contractual appointments were initially for a period of one year which, however, stood extended from time to time. It is also stated that to get the benefit of regular appointment as teachers in the said institute, the petitioners had responded and also participated in the selection process, following the Advertisement issued sometime in May, 2020. The said Advertisement was in respect of filling up post of Lecturers in various disciplines, including the discipline where the petitioners are working. Grievance is now expressed that without publishing Select List following the recruitment process initiated vide the aforesaid Advertisement, steps are now being taken to put an end to the contractual service of the petitioners. In this regard, reference is made to an order issued by the Assistant Registrar, Faculty Affairs, Rajiv Gandhi Institute of Petroleum Technology, Sivasagar (Annexure-24 to the writ petition), which indicates that the contractual term would come to an end on 31.01.2021 and no further extension will be granted. This has prompted the writ petitioners to institute the present proceedings. Let Notice be issued, returnable by 4(four) weeks. Petitioners to take steps for service of notice on all the respondents by registered post, acknowledgement due within 5 days. As an interim measure, a direction is made to the respondents to allow the petitioners to continue in service until such time when the recruitment process initiated vide the aforesaid Advertisement is brought to a logical conclusion. List for Admission immediately after the returnable date." As is seen from the direction of this Court extracted above, the petitioners were permitted to be allowed to continue in service until the time the recruitment process initiated by the respondents is brought to a logical end. Page No.# 4/4 It is submitted that pursuant to the interim order, the petitioner continued in service till the recruitment process came to an end and fresh recruits were appointed. Taking into consideration the submissions made, it is seen that the direction contained in the order dated 29.01.2021 was duly complied but thereafter no extension of the interim order was sought for. Consequently, the interim order passed having been complied with, no contempt arises. Accordingly the contempt petition stands closed. Notices issued are recalled. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010073512021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/197/2021o GAURIoSANKARoBORAoANDo5oORS.o S/O-oPRONABoBORA,oHOUSINGoCOLONY,oNEARoDCoOFFICE,oDIST.-o SIVASAGAR,oASSAM-o785640. 2:oDR.oKAMALoKUMARoTANTI oS/O-oSANJOYoKUMARoTANTI oVILL.-oBHATEMARA oPULIBOR oJORHAT oASSAM-o785001. 3:oDR.oPONCHAMIoSARMA oD/O-oRAJENoSARMA oMONAIoMAZIoGAON oNEARoBHAGDOIoBRIDGE oMALAOoALI oP..O.oDHEKORGORHA oJORHAT oASSAM-o785015. 4:oADITYAoSAHU oS/O-oBABULALoSAHU oWARDoNO.o3 oP.O.oMORANHAT oDIST.-oSIVASAGAR oASSAM-o785670. 5:oPRIYAMoHAZARIKA oS/O-oLATEoN.K.oHAZARIKA o3D oLABANYAoAPARTMENT oCLUBoROAD oJORHAT oASSAM. Page No.# 2/4 6: NEELAMJYOTI LAHKAR S/O- KARUNA KANTA LAHAKAR FLAT 2D PARLAY OAK APARTMENT FCI BAMUNIMAIDAN GUWAHATI ASSAM- 781021 VERSUS CHINMOY JIT SARMA AND ANR COORDINATOR, ASSAM ENERGY INSTITUTE, SIVASAGAR CENTRE OF RAJIV GANDHI INSTITUTE OF PETROLEUM TECHNOLOGY, VILL.- GOHAIN GAON, DIST.- SIVASAGAR, ASSAM- 785697. 2:HARENDRA NATH GOGOI ADMINISTRATIVE OFFICER ASSAM ENERGY INSTITUTE SIVASAGAR CENTRE OF RAJIV GANDHI INSTITUTE OF PETROLEUM TECHNOLOGY VILL.- GOHAIN GAON DIST.- SIVASAGAR ASSAM- 785697 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : MR. R M DEKA (R-1,2) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA