LAWS(MEGH)-2015-3-12

AMZAD HOSSAIN AND ORS. Vs. THE STATE OF MEGHALAYA AND ORS.

Decided On March 30, 2015
Amzad Hossain And Ors. Appellant
V/S
The State Of Meghalaya And Ors. Respondents

JUDGEMENT

(1.) HEARD Mr. AG Momin, learned counsel for the petitioners, Mr. KP Bhattacharjee, learned GA appearing for the respondents No. 1 -4 and Ms. S Bhattacharjee, learned counsel for the respondent No. 5.

(2.) THE prayer sought for in the present writ petition reads as follows: - -

(3.) IT is alleged in the writ petition that on refusal of the petitioners to the deduction of Rs. 2000/ - (Rupees two thousand) from each of the petitioners' salary, the services of the petitioners had been terminated on 07.03.2011, without providing them an opportunity of being heard in complete violation of Section 9 of the Meghalaya School Education Act, 1981. The said termination orders had been set aside by the erstwhile Gauhati High Court vide judgment and order dated 29.11.2011 (Common Judgment) in WP(C) No. (SH)78 of 2011 and WP(C) No. 79 of 2011 filed by the present writ petitioners assailing the said termination orders. The copy of the said common judgment and order of the erstwhile Gauhati High Court dated 29.11.2011 is available at Annexure -I to the writ petition. It is also alleged in the writ petition that on failure of the Managing Committee to disburse the remuneration of the petitioners in terms of the said common judgment and order of the erstwhile Gauhati High Court, had filed a contempt petition being Cont. Case No. (SH) 19 of 2012. The said contempt petition was closed vide order dated 09.08.2012. The operative portions of the order dated 09.08.2012 read as follows: - -