Page No.# 1/4 GAHC010073582025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1168/2025 AKHENDRA KALITA SON OF LATE DHIREN KALITA RESIDENT OF P.H.E. COMPLEX, QUARTER NO. 223, HENGRABARI, P.O.- HENGRABARI, PS.- DISPUR KAMRUP(M), ASSAM, PIN- 781036. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6. 3:THE SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6. 4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6. 5:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (WATER) ASSAM HENGRABARI GUWAHATI- 36 Page No.# 2/4 DISTRICT- KAMRUP(M) ASSAM. 6:NIDESH KUMAR HAJONG JUNIOR ASSISTANT O/O- THE CHIEF ENGINEER (WATER) ASSAM HENGRABARI GUWAHATI- 36 DISTRICT- KAMRUP(M) ASSAM. 7:GOBIN GOHAIN JUNIOR ASSISTANT O/O- THE CHIEF ENGINEER (WATER) ASSAM HENGRABARI GUWAHATI- 36 DISTRICT- KAMRUP(M) ASSAM. 8:NITA BAISHYA JUNIOR ASSISTANT O/O- THE CHIEF ENGINEER (WATER) ASSAM HENGRABARI GUWAHATI- 36 DISTRICT- KAMRUP(M) ASSAM. (NOTICE TO PRIVATE RESPONDENT NO. 6 TO 8 MAY BE SERVED THROUGH THE RESPONDENT NO. 5) Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN,MR A HOSSAIN Advocate for the Respondent : SC, P H E, S BARBHUYAN (R- 6, 7 & 8),MS R MEDHI (R- 6, 7 & Page No.# 3/4 8),MR. R BORA (R- 6, 7 & 8) BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 04-06-2025 Heard Mr. J.I. Borbhuiya, learned counsel for the applicant. Also heard Mr. D. Gogoi, learned standing counsel, PHE Department, Assam appearing for the opposite party/ respondent Nos. 1 to 5 and Mr. S. Borbhuiya, learned counsel for the opposite party Nos. 6 to 8. The applicant herein is the writ petitioner in W.P.(C) No. 4851/2024. He is presently serving as Junior Assistant in the office of the Chief Engineer, PHE (Water), Assam, Hengrabari. The primary grievance of the writ petitioner is pertaining to the inter-se seniority list (Gradation List) of Junior Assistants. According to the applicant/ writ petitioner the seniority position assigned to him in the said Gradation List is erroneous. During the pendency of W.P.(C) No. 4851/2024, the writ petitioner, as applicant, has approached this Court by filing the present application seeking an order of stay, suspending the operation of the inter-se seniority list (Gradation List) of Junior Assistants pending disposal of the writ petition. Mr. Gogoi, learned departmental counsel and Mr. S. Borbhuiya, learned counsel for the opposite parties have strongly opposed the prayer made in the I.A. by contending that while moving the writ petition, no such interim relief was granted to the writ Page No.# 4/4 petitioner. As such, at this stage there is no scope for granting the prayer made in the I.A. After going through the materials available on record, I find myself in agreement with the submission of learned counsel for the opposite parties. As such, this Court is of the opinion that present is not a fit case for granting an interim order, as prayed for by the applicant. The prayer is accordingly rejected. It is, however, made clear that, any decision taken on the basis of the Gradation List in question shall be subject to the final order that may be passed in the connected writ petition. With the above observation, this I.A. stands disposed of. JUDGE Comparing Assistant