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Judgment
Heard Mr. M Khan, learned counsel for the petitioner. Also heard Mr. S M T Chistie, learned counsel for the respondents contemnors in the
Secondary Education Department, Government of Assam.
We have taken note of the communication dated 25.03.2021 from the Additional Secretary to the Government of Assam in the Secondary
Education Department which is placed on record. The said communication shows that the Government of Assam has accorded a sanction for an
amount of Rs.1,44,074/- (Rupees One Lakh Forty Four Thousand and Seventy Four) towards the payment of arrear salary in respect of the petitioner
Farhana Khanam.
The communication dated 25.03.2021 indicates that there is no willful and deliberate violation of order of this court dated 02.11.2018 in WP(C)
8025/2015 by the present respondents contemnors no. 1 and 3 being the authorities under the Secondary Education Department.
Although the Commissioner and Secondary to the Government of Assam under the Finance Department is made respondent contemnor no. 2 in this
contempt petition, we have not been informed about any role of the said respondent in the present dispute.
From the said point of view, we are required to close the contempt petition against the respondents contemnors no. 1 and 3.
Mr. M Khan, learned counsel for the petitioner has made a statement that the said communication dated 25.03.2021 was not honoured by the
Accountant General ( A & E), Assam on the ground that it was received late resulting in the financial year being over.
If that is so, it would be a case for the Education Department to again send the sanction to the Accountant General (A & E), Assam. We also do
not have any materials to verify the aforesaid facts inasmuch as the authorities under the Accountant General (A & E), Assam is not a respondent
contemnor in this contempt petition.
From the said point of view, we close this contempt petition for the present. We require the petitioner to file appropriate application bringing on
record the subsequent facts of the sanction being sent back to the Accountant General (A & E), Assam to the Education Department for passing of
the appropriate orders.
Contempt petition stands closed.