Gauhati High Court
Chan Mamudh Mondal vs Suranjana Senapati on 19 April, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010139822022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/400/2022
CHAN MAMUDH MONDAL
S/O- LATE MOZIBAR MANDAL, VILL.- MAYERCHAR PART-IV, P.O. NAYER
ALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348.
VERSUS
SURANJANA SENAPATI
DIRECTOR OF ELEMENTARY EDUCATION, ASSAM, KAHILIPARA,
GUWAHATI-781019.
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : MR. D SAIKIA
Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 19/04/2023 Heard Mr. M U Mondal, learned counsel for the petitioner and Mr. S M T Chistie, learned Standing counsel, Department of School (Elementary) Education for the respondent No. 1.
Matter pertains to non-compliance of the common order dated 07.12.2021 passed in I.A. (Civil) No. 1352/2021 (Chan Mamudh Mondal Vs. Abdul Hakim and 6 Ors .) filed in WP(C) No. 2305/2021 as well as WP(C) No. 2305/2021 (Abdul Hakim Vs. State of Assam and 6 Ors .).
It is seen that in pursuance of the said order dated 07.12.2021, the Director of Elementary Education, Assam on 28.02.2022 conducted a hearing with the petitioner and said Abdul Hakim and after considering entire aspects uphold the provincialisation of service of the petitioner, Chan Mamudh Mondal as Language Teacher of Mayerchar Public M.E. Madrassa provincialised under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 as amended in 2018.
Accordingly, the recommendation of the District Scrutiny Committee, Dhubri as well as the State Scrutiny Committee and Joint Committee for provincialisation of service of teachers against said Mayerchar Public M.E. Madrassa, District-Dhubri has been upheld by order No. EPD/H/521/2021/209 dated 28.09.2022 issued by the Director of Elementary Education, Assam including the provincialisation of service of the petitioner.
During the deliberation of the matter, Mr. Mondal, learned counsel for the petitioner also submitted that in spite of the said order dated 28.09.2022, the petitioner, Chan Mamudh Mondal did not receive his salary.
It is seen that by an order dated 19.12.2022 passed in WP(C) No. 7280/2022 preferred by the petitioner, the Court observed that there shall not be a bar for the respondent authorities in the Elementary Education Department to release the arrear as well as the current salary to the petitioner, Chan Mamudh Mondal for provincialisation of his service under the said 2017 Act against Mayerchar Public M.E. Madrassa as per his entitlement, if there is no other impediment in releasing the same. Said WP(C) No. 7280/2022 is still pending for final adjudication.
Page No.# 3/3 In view of the above, no such order is required to be passed for payment of arrear salary as well as current salary to the petitioner since there is already an order in favour of the petitioner passed on 19.12.2022 in WP(C) No. 7280/2022.
Accordingly, this contempt petition stands closed.
The notice of contempt issued upon the respondent/contemnor earlier on 06.08.2022 is hereby recalled.
Copy of the communication dated 28.09.2022 issued by the Director of Elementary Education, Assam be kept as a part of the record.
JUDGE Comparing Assistant