BIJOY MANDAL Vs. JAY PRIYA PRAKASH

JUDGEMENT

(1.) This contempt application has been filed against the respondent J.P. Prakash Commissioner & Secretary, Government of Assam, Education Department, Dispur and Sri Anarrda Chandra Pegu, District Elementary Education Officer, respondent No. 2 on the charge that the said respondents have wilfully disobeyed and failed to comply the order dated 9.5.1995 passed by this Court in Civil Rule No. 394/95.

(2.) In the Civil Rule applicants who are

(3.) The facts of the case of the petitioners may be stated as follows : All the petitioners are qualified persons to be appointed Middle English School teacher. The State Government conferred upon the 3rd respondent all the powers of the Head of Department in respect of petitioners' appointment, transfer of teachers and staff and disciplinary matters. By order dated 16.11.1991 the State Government created 550 posts for Middle School on usual scale of pay. By letter dated 9.12.1993 the 3rd respondent for furnishing copies of sanctioning letters. On receipt of the said letter the State Government furnished copies of the sanctioned letters and wrote to the 3rd respondent to exercise powers as contemplated under letter dated 16.11.1991. Therefore, by Annexures 8(1) to 8(13) the 3rd respondent made allotment and directed the 4th respondent to implement Annexures 8(1)- to 8(13) orders by issuing appointment letters to all the petitioners. However, the 4th respondent did not comply with the said orders. The petitioners therefore approached the 4th respondent. The 3rd respondent after hearing the petitioners issued Annexure-9 letter dated 8.12.1994 asked the 4th respondent to submit his views with in 10 days from the date of issue of this letter. In spite of that no appointment has been made. Hence the present petition.