Page No.# 1/8 GAHC010099352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1494/2025 THANESWAR KUMAR SON OF LT. NANDANRAM KUMAR, RESIDENT OF BAKUL PATH, DHARMA MATH, P.O. GAUHATI UNIVERSITY, P.S. JALUKBARI, DIST. KAMRUP (M), ASSAM.-781014. 2: PRONAB BORAH SON OF PUSPA KANTA BORAH RESIDENT OF VILL- KASHORIGAON P.O. PURANI GUDAM P.S. AND DIST. NAGAON ASSAM. -782141 3: MD NAZIBUR RAHMAN SON OF LT. ISMAILUR RAHMAN RESIDENT OF VILL- BURIGAON P.O. KHARUPETIA P.S. DALGAON DIST. DARRANG ASSAM. -784115. 4: SWAPAN ACHARJEE SON OF LT. SACHINDRA LAL ACHARJEE RESIDENT OF WARD NO. 3 JHULAN POL ROAD P.O. AND P.S. LUMDING DIST. HOJAI ASSAM. -782447. 5: RANTU THAKURIA SON OF LT. TILACK CH. THAKURIA RESIDENT OF VILL- DHING CHAMUA GAON P.O. DHING CHAMUA GAON P.S. DHING DIST. NAGAON Page No.# 2/8 ASSAM. -782123 6: SANTANU ROY SON OF LT. SANTIPRIYA ROY RESIDENT OF ZIG ZAG ROAD BYE LANE NO. 2 NEAR KALI MANDIR P.O. P.S. AND DIST. DIBRUGARH ASSAM. -786001 7: PABAN KUMAR CHETRI SON OF SRIKHAL BAHADUR CHETRI RESIDENT OF VILL- RAHADHALA P.O. BENGENA-ATI P.S. ULUWANI DIST. NAGAON ASSAM. -78213 VERSUS ARUP KUMAR SARANIA , S/O-LATE DURGESWAR DAS R/O-VILL-BHERBHERI P.O. NIZDHAMDHAMA, P.S.-BARAMA DIST.-BAKSA, BTC, ASSAM -781349 2:HARE KRISHNA HALOI S/O- LATE PRASANNA CHANDRA HALOI R/O- VILL- MURMELA P.O.-MURMELA PS- BARAMA DIST.-BAKSA BTAD ASSAM -781346 3:SAHI TALUKDAR S/O- LATE KALIRAM TALUKDAR R/O- VILL- BARIMAKHA P.O.-BARIMAKHA DIST.-BAKSA BTAD ASSAM -781333. 4:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM WOMEN AND CHILD DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI06. 5:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT ASSAM UZANBAZAR GUWAHATI-01. Page No.# 3/8 6:THE DISTRICT SOCIAL WELFARE OFFICER NALBARI DIST.-NALBARI ASSAM -781335 7:THE DISTRICT SOCIAL WELFARE OFFICER AMULPUR GARESWAR DIST.-TAMULPUR ASSAM. -781366. 8:THE DISTRICT SOCIAL WELFARE OFFICER KOKRAJHAR DIST.-KOKRAJHAR ASSAM. - 783370 9:THE DISTRICT SOCIAL WELFARE OFFICER WEST KARBIANLONG DIPHU ASSAM. -782460. 10:THE DISTRICT SOCIAL WELFARE OFFICER HATSINGIMARI DIST.- SOUTH SALMARA ASSAM. -783135 11:SRI SUMANTA KR BRAHMA STATISTICAL ASSISTANT 0/0 THEDIVISIONAL PROGRAMME OFFICER KOKRAJHAR P.O.-KOKRAJHAR DIST.-KOKRAJHAR ASSAM -783370 12:SMTI GUNIVA NARZARY STATISTICAL ASSISTANT 0/0 THE KOKRAJHAR ICDS PROJECT KOKRAJHAR P.O.-KOKRAJHAR DIST.-KOKRAJHAR ASSAM. -783370. 13:SRI NIJWM KUMAR BORGAYARY STATISTICAL ASSISTANT 0/0 THE KACHUGAON ICDS PROJECT KACHUGAON P.O.-KACHUGAON DIST.-KOKRAJHAR ASSAM -783360 14:SRI ASHIMJYOTI SARMA STATISTICAL ASSISTANT 0/0 THE SOCHENG ICDS PROJECT Page No.# 4/8 SOCHENG P.O.-SOCHENG DIST.-KARBIANLONG ASSAM -782446. 15:MD MAHMUD ALI HASAN STATISTICAL ASSISTANT 0/0 THE MANKACHAR ICDS PROJECT MANKACHAR P.O.-MANKACHAR DIST.- SOUTH SALMARA ASSAM -783330 Advocate for the Petitioner : MR. R ISLAM, MR. R MAZUMDAR,T TALUKDAR Advocate for the Respondent : GA, ASSAM, MR. K R PATGIRI Linked Case : WP(C)/719/2025 ARUP KUMAR SARANIA AND 2 ORS S/O-LATE DURGESWAR DAS R/O -VILLAGE BHERBHERI PO NIZ DHAMDHAMA PS BARAMA DISTRICT BAKSA BTC ASSAM PIN-781349 2: HAREKRISHNA HALOI S/O- LATE PRASANNA HALOI VILLAGE MURMELA PO MURMELA PS BARAMA DISTRICT BAKSA BTAD ASSAM 3: SAHI TALUKDAR S/O- LATE KALIRAM TALUKDAR VILLAGE BARIMAKHA PO BARIMAKHA DISTRICT BAKSA .BTAD ASSAM PIN-781333 VERSUS THE STATE OF ASSAM AND ORS Page No.# 5/8 REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM WOMEN AND CHILD DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI-06 2:THE DIRECTOR WOMEN AND CHILD DEVELOPMENT DEPARTMENT ASSAM UZANBAZAR GUWAHATI-01 3:THE DISTRICT SOCIAL WELFARE OFFICER NALBARI DISTRICT NALBARI ASSAM PIN-781335 4:THE DISTRICT SOCIAL WELFARE OFFICER TAMULPUR DISTRICT TAMULPUR ASSAM PIN-781366 5:THE DISTRICT SOCIAL WELFARE OFFICER KOKRAJHAR DISTRICT KOKRAJHAR ASSAM PIN-783370 6:THE DISTRICT SOCIAL WELFARE OFFICER WEST KARBI ANLONG DIPHU ASSAM PIN-782460 7:THE DISTRICT SOCIAL WELFARE OFFICER HATISINGIMARI DISTRICT SOUTH SALMARA ASSAM PIN-783135 8:SRI SUMANTA KR BRAHMA STATISTICAL ASSISTANT OFFICE OF THE DIVISIONAL PROGRAMME OFFICER KOKRAJHAR PO KOKRAJHAR DISTRICT KOKRAJHAR ASSAM PIN-783370 9:SMTI GUNIVA NARZARY STATISTICAL ASSISTANT OFFICE OF THE KOKRAJHAR ICDS PROJECT KOKRAJHAR PO KOKRAJHAR DISTRICT KOKRAJHAR ASSAM PIN-783370 10:SRI NIJWM KUMAR BORGAYARY STATISTICAL ASSISTANT OFFICE OF THE KACHUGAON ICDS PROJECT KACHUGAON Page No.# 6/8 PO KACHUGAON DISTRICT- KOKRAJHAR ASSAM PIN-783360 11:SRI ASHIMJYOTI SARMA STATISTICAL ASSISTANT OFFICE OF THE SOCHENG ICDS PROJECT SOCHENG PO SOCHENG DISTRICT KARBI ANLONG ASSAM PIN-782446 12:MD MAHMUD ALI HASAN STATISTICAL ASSISTANT OFFICE OF THE MANKACHAR ICDS PROJECT MANKACHAR PO MANKACHAR DISTRICT SOUTH SALMARA ASSAM PIN-783330 ------------ Advocate for : MS CHITRALEKHA DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.05.2025 Heard Mr. JUSTICE SOUMITRA SAIKIA ORDER 30.05.2025 Heard Mr. R. Mazumdar, learned counsel for the applicants. Also heard Ms. M. Bhattacharjee, learned Addl. Sr. Government Advocate for the State and Mr. K.R. Patgiri, learned counsel for the petitioners in W.P(C) No. 719/2025 who has been arrayed as opposite parties in the present interlocutory application. This interlocutory application has been filed seeking impleadment in W.P(C) No. 719/2025 as party respondents. In the writ petition, the petitioners have challenged the order dated 27.12.2024 whereby the modified gradation list in the post of Statistical Page No.# 7/8 Assistant under the Directorate of Women and Child Development, Assam stood cancelled. The petitioners have also put to challenge the subsequent provisional gradation list published by the department. According to the writ petitioners, the petitioners have a better claim than the private respondents arrayed in the writ petition for promotion to the next higher post. Notices in the matter have been issued and the matter is at the stage of Admission. By the interlocutory application, the present applicants seek impleadment in the writ petition as they apprehend that the prayer made in the writ petition chellenging the order dated 27.12.2024 as well as the provisional gradation list prepared by the Department will ultimately affect the claim of the petitioners for promotion to the next higher post, if the writ petition is allowed. It is the submission of the learned counsel for the applicants that there is no dispute that the writ petitioners and the private respondents are both juniors to the applicants and the same is also admitted in the writ petition. However in the event, the challenge made to the cancellation of the modified gradation list and the provisional gradation list are allowed, the department will not proceed for promotion to the next higher post of CDPO, even in cases of the present applicants, in the absence of the matter attaining finality. Under such circumstances, the counsel for the applicants submits that they being necessary parties in W.P.(C) No. 719/2025 before this Court as their promotion to the next higher post of CDPO will be affected in view of Page No.# 8/8 the prayers made in the present writ petition. To that extent they are affected parties and therefore the interlocutory application has been filed. The prayer made in the interlocutory application is objected to by the respondents. However, during the course of the hearing, none of the parties have been able to place before the Court the manner in which the promotions to the post of CDPO are to be affected. The Rules or procedures are prescribed for promotion to the next higher post of CDPO are not before this Court. In that view of the matter, if the promotion is to be affected by the adopting the criteria of merit-cum-seniority, then there is a possibility that the applicants’ claims for promotion to the next higher post can also be affected in case the writ petition stands allowed. Taking into consideration the submissions made from this Court and in view of the fact that in the event of any orders passed in the writ petition in favour of the petitioner, interfering with the gradation list, this Court is of the view that the prayer for impleadment should be allowed. The applicants are therefore impleaded as party respondents from 13 to 19 in the W.P(C) No. 719/2025. Accordingly, the interlocutory application stands allowed. The writ petitioners be filed amended cause title before the Registry within a period of one week from today. JUDGE Comparing Assistant