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Gauhati High Court · body

1998 DIGILAW 153 (GAU)

Keshab Chandra Baishya v. A. C. Pegu, Director of Elementary Education and Ors.

1998-05-29

N.C.JAIN

body1998
The facts leading to the filing of the present petition for contempt may briefly be noticed. The petitioner who happened to be Chowkidar filed writ petition (Civil Rule No.2577 of 1995) claiming a sum of Rs.34,200/- as arrears of salary etc. along with the current salary. A Single Bench of this Court on 23.8.96 passed the following orders: "Heard Mr. RP Sarma. learned counsel for the petitioner as also the learned Govt. Advocate for the respondents. 2. By this petition under Article 226 of the Constitution, the petitioner, a Chowkidar serving in the office of the District Elementary Education Officer prays for a direction to the respondent to pay him his salary with effect from 1.2.1992. He has filed a letter dated 23.3.95 written by the District Elementary Education Officer, Nalbari to the Director of Elementary Education, Assam in this regard. The accumulated amount due to the petitioner as on 23.3.95 as mentioned in Annexure E was Rs.34,200/-. 3. The learned Govt. Advocate points out that the petitioner was serving as contingent employee. Be that as it may, whatever nomenclature be given to the appointment, it does not behave the State Govt. to withhold or delay payment of wages of its employee for the period his services has taken by it. The respondents are directed to see that the petitioner is paid his salaries along with the current salary upto date by 30.9,96, failing which they shall be exposing themselves to contempt proceedings. The petition stands finally disposed. I make no order as to costs." 2. A perusal of the aforementioned order makes it abundantly clear that the payment of the entire amount claimed by the petitioner along with current salary upto 30th of September, 1996 was to be made before 30th of September, 1996. The payment having not been made, the petitioner was left with no other alternative but to approach this Court in contempt proceeding. An affidavit-in-opposition has been filed stating therein that there was no deliberate attempt on the part of the respondent in not making the payment and that no funds were available at his disposal. It has further been stated in the affidavit that he has issued necessary instructions to another officer. 3. An affidavit-in-opposition has been filed stating therein that there was no deliberate attempt on the part of the respondent in not making the payment and that no funds were available at his disposal. It has further been stated in the affidavit that he has issued necessary instructions to another officer. 3. This Court while disposing of the civil rule observed in so many words that the respondents would expose themselves to proceedings for contempt if the payment is not made by 30th September, 1996. In view of the wording of the order, the minimum which this Court expects, if no funds were available, the respondent No .l could have filed an application before this Court for extension of time. It was orally explained before me during the course of argument that payment has now been made on 27th of May, 1998 and that no funds were available earlier. No affidavit has been filed today which could throw light as to when funds were made available to respondent No. 1 for making payment to the petitioner. The present is one of the rare cases in which violation of the order of this Court is apparent on the face of it. However, since the payment has been made, this Court does not propose to award any punishment under the provisions of the Contempt of Courts Act. However, the petitioner has suffered harassment at the hands of respondent and has incurred expenditure in approaching this Court. Above all his payment of such a huge amount of Rs.63, 000/- has been withheld for one year and eight months. Simple interest on the amount withheld @ 12% per annum would come to more that Rs.12,000/- and, therefore, in my considered view, the petitioner is entitled to another sum of Rs. 15,000/- by way of interest and cost of the proceeding. The aforesaid amount be paid by respondents within a period of 15 days by way of a Bank draft in the name of the petitioner to be drawn at State Bank of India, Nalbari. The draft be sent by registered post with acknowledgment due. Copy of this order be given to the counsel for the parties forthwith on payment of copying charge. 4. With the aforementioned observation and direction the contempt petition is disposed of.