Gauhati High Court
Cont.Cas(C)/276/2016 of BIJOY BARUAH and 8 ORS Vs PREETOM SAIKIA on 11 June 2026
GAHC010203822016 2026:GAU-AS:8361 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/276/2016 BIJOY BARUAH and 8 ORS S/O- LT. HAREN BARUAH, R/O VILL.- RAIDONGIA, P.O. and P.S.- GHILAMARA, DIST.- LAKHIMPUR ASSAM. 2: LAKHIMAI BHAGAWATI W/O-
GAHC010203822016
2026:GAU-AS:8361
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/276/2016
BIJOY BARUAH and 8 ORS
S/O- LT. HAREN BARUAH, R/O VILL.- RAIDONGIA, P.O. and P.S.- GHILAMARA, DIST.- LAKHIMPUR ASSAM.
2: LAKHIMAI BHAGAWATI
W/O- SRI JADAV SHARMA
R/O- GOPALPUR
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
3: PRADIP KR. DAS
S/O- LT. JOGENDRA DAS
R/O VILL.- DHAPALIAL GAON
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
4: JAYANTI BARUAH
W/O- SRI AKON GOHAIN
R/O- LELUANI
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
5: MANIRAM BORAH
S/O- LT. LILESWAR BORAH
R/O VILL.- BONGKLENG
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
6: HEMOPROVA KONCH
W/O- SRI BIDYA DUTTA
R/O VILL.- LELUANI
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
7: NIVA RANI CHUTIA
W/O- SRI SUBODH GOHAIN
R/O VILL.- MOINAPARA
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
8: JOGESWAR GOGOI
S/O- LT. LAKHI NATH GOGOI
R/O VILL.- LAMU GAON
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM.
9: MOHAN CH. KONWAR
S/O- LT. JOGYASWAR KONWAR
R/O VILL.- NIZ MELENGI
P.O. and P.S.- GHILAMARA
DIST.- LAKHIMPUR
ASSAM
VERSUS
PREETOM SAIKIA
THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
ELEMENTARY DEPTT., DISPUR, GHY- 6.
2:SANJEEV BHUYAN
THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY- 9
Advocate for the Petitioner : MR.K K MAHANTA, MR.K SINGHA,MS.P BARUAH
Advocate for the Respondent : MR.R MAZUMDARR- 1and2, MR.D CHETIA(R- 1&2),MR.H
BEZBARUAH(R-1),MR.N SARMA(R-2),MR.R M DEKA(R-2)
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
12.06.2026
1. Heard the learned counsel for the petitioners. Also heard Mr. S. M. T. chistie, learned counsel for the respondents.
2. Alleging willful and deliberate violation of the Judgment and Order dated 30.09.2015 passed in WP(C) No. 1474/2012, wherein the direction was issued to the respondents to make payment of arrear of salaries to the petitioners, the present contempt petition is filed.
3. On the other hand, it is the stand of the respondents that there are many other similarly situated persons, who filed writ petitions claiming arrears of salary and current salary. Being situated thus, the State in Education Department, finding the appointments of such persons to be irregular/illegal, formed Screening Committee, wherein the petitioners and other similarly situated persons participated.
4. Thereafter, based on the report of the Screening Committee, those whose appointments were found to be irregular were offered fresh appointments in different categories i.e., Tutors and Teachers, based on their educational qualifications as per the extent norms, by creating personnel post, which were to be abolished on retirement of those Teachers/Tutors.
5. The petitioners accepted such appointment and are continuing in their service in support of which Mr. Chistie, learned counsel for the respondents/contemnors has produced the details with a list in similar cases.
6. In view of the aforesaid submission, this Court is of the opinion that the Judgment and Order dated 30.09.2015 passed in WP(C) No. 1474/2012, stands complied with.
7. Accordingly, the present contempt petition stands closed. However, the petitioners shall be at liberty to assail such appointment as permissible under law. JUDGE Comparing Assistant