Amarendra Nath v. Preetom Saikia and 2 Ors

ORDER

30.08.2024

Heard Mr. S. Alom, learned counsel for the petitioner. Heard Mr. SMT. Chistie, learned counsel for the respondent No.3, who has submitted that all the respondents have superannuated. However, he has received instructions that respondent No.1 and 2 have retired, and respondent No.3 has since been transferred.

¶2It is further submitted by the learned counsel for respondent No.3 that the previous incumbent to the Office of the Inspector of Schools, Goalpara District Circle (GDC), Goalpara namely Mr. S. Khan has provided to him a copy of the speaking order dated 30.09.2021, passed by the Inspector of School Goalpara District Circle (GDC) Goalpara, by which the petitioner was held to be entitled to receive his salary with effect from 01.07.1994 till termination from his service.

¶3The learned counsel for the petitioner has submitted that although this speaking order was passed on 30.09.2021, but till date, as per instructions received, the petitioner is not received his dues.

¶4Be that as it may, as the directions in the order of the Court dated

09.12.2019 passed in WP(C) 725/2017 were limited to directing the Inspector of Schools Goalpara, District Circle (GDC), Goalpara, to pass a speaking order for the release of salary for the service rendered by him till he was terminated from service, the Court is of the considered opinion that by passing the said speaking order, dated 30.09.2021, the herein before referred order dated 09.12.2029, passed in WP(C) No. 725/2017, has been complied with. Page No.# 3/3

¶5In so far as the submission of the learned counsel for the petitioner is concerned that the petitioner has not received his salary, it is open to the petitioner to take such steps as he may be so advised.

¶6The photocopy of the speaking order dated 30.09.2021 by the Inspector of Schools, Goalpara District Circle, Goalpara, as produced by the learned counsel for the respondent No.3, is made a part of record.

¶7In view of the above, this contempt petition stands closed.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010113092020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/355/2020o AMARENDRAoNATHo S/O-oLT.oANANTAoKUMARoNATH,oR/O-oVILL-oKADAMTOLA,oP.O.oDALGOMA, P.S.oMATIA,oDIST.-oGOALPARA,oASSAM,oPIN-o783125 VERSUSo PREETOMoSAIKIAoANDo2oORS.o IAS,oCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oSECONDARYo EDUCATIONoDEPTT.,oDISPUR,oGHY-06 2:PHANINDRAoJIDUNG oDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 3:NRIPENoDAS oINSPECTORoOFoSCHOOLS oGOALPARAoDISTRICToCIRCLEo(GDC) oGOALPARA oDIST.-oGOALPARA oASSAM oPINo AdvocateoforotheoPetitionerooooo:oMR.oIoHoLASKAR,oMR.oPoKoDEKA,MD.oSoALOMo AdvocateoforotheoRespondento:oMRoSoMoToCHISTIE,oMR.oRoMAZUMDAR,MRoSoNEOGI,MR.oDo SAIKIAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA