Rabindra Nath Konch v. Mrs. Bijoya Choudhury and Anr

ORDER Date : 09.02.2024 This Court vide its order dated 16.09.2021, passed in Cont.Case(C)/189/2020 had required the respondents authorities to place the case of the petitioner before the expert committee constituted in terms of the decision of this Court in the case of Sudhendu Mohan Talukdar v. State of Assam & Ors. reported in (2007) 1 GLR 608. Mr. B. Kaushik, learned counsel for the respondents has submitted that the respondents authorities have placed the case of the petitioner before the said committee and the committee on consideration of the case of the petitioner has held that the petitioner's superannuation occasioning on 30.11.2020 has prevented his engagement as tutor in the matter and accordingly, the supernumerary post as required to be created could not be so directed to be so created for the petitioner, the petitioner's claim on the said ground came to be rejected. In view of the fact that the order(s) passed by this Court and noted herein above, having been complied with, this Contempt petition stands closed. However, liberty is reserved to the petitioner to assail the findings of the expert committee as constituted in terms of the decision in Sudhendu Mohan Talukdar (Supra). A copy of the minutes of the meeting of the expert committee as produced before this Court by Mr. B. Kaushik, learned counsel is kept on Page No.# 3/3 record and marked as 'X' for identification. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010076882022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/231/2022o RABINDRAoNATHoKONCHo S/O-oLATEoTOSHESWARoKONCH,oR/O-oVILL.-oSARUoAJOHAoGAON,oP.O.o KALAKATA,oDIST.oDHEMAJI,oASSAM,oPIN-o787057. VERSUSo MRS.oBIJOYAoCHOUDHURYoANDoANR.o THEoDIRECTORoOFoELEMENTARYoEDUCATION,oASSAM,oKAHILIPARA,o GUWAHATI-19. 2:SMTI.oSURANJANAoSENAPATI oTHEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19o AdvocateoforotheoPetitionerooooo:oMR.oKoRoPATGIRIo AdvocateoforotheoRespondento:oMRoBoKAUSHIKoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR