High CourtsSingle Bench(2021) 11 GAU CK 0014

Khandan Kumar Das vs Sanjib Gohain Baruah And 2 Ors.

Gauhati High Court · Decided on 8 November 2021

HON’BLE JUDGES
Kakheto Sema, J
CASE NUMBER
Cont.Cas(C) Of 268 Of 2017

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Judgment

4 paragraphs · 222 words

Heard Mr. A.K. Baruah, learned counsel for the petitioner and also heard Mr. P.J Saikia, learned counsel appearing for the respondent No.3.

During the hearing of the contempt petition, Mr. Baruah, learned counsel for the petitioner has also placed the copy of the judgment & order dated 17.08.2021 passed in W.P.(C) No. 3244/2017 wherein in paragraph-22.b, the respondent No. 3 is directed to release the balance arrear salary of the petitioner for the period upto 30.11.2015 and the outer limit of 4(four) months from the date of receipt of a copy of this order. The judgment was passed on 17.08.2021 within the outer limit of 4 months given in paragrapgh-22 of the said judgment has not yet lapse. The learned counsel for the respondent No.4 submits that by the judgment & order dated 17.08.2021 afresh cause of action has arisen against the Biswanath Chariali Municipal Board and therefore, the present contemnor is no longer a necessary party in the contempt petition and accordingly, the learned counsel pray that her name as the contemnor may be deleted.

Heard the learned counsel appearing for the parties. All the issues raised by the learned counsel for the parties will be taken up for hearing when the Cont. Case (C) No. 268/2017 is next listed.

List this matter again in the 2nd week of January, 2022.