Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010270662023
2025:GAU-AS:4908-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/460/2023 MALABIKA DHAR W/O SANJIB KUMAR DEB, R/O HOUSE NO. 62, WEST NARSHING ROAD, AMBIKAPATTY, SILCHAR, DIST.- CACHAR, ASSAM- 788004. VERSUS 1.THE STATE OF ASSAM AND 3 ORS. H REPRESENTED BY THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVT. OF ASSAM, JUDICIAL DEPTT., DISPUR, GUWAHATI- 781006.
2:THE GAUHATI HIGH COURT REPRESENTED BY ITS REGISTRAR GENERAL GUWAHATI ASSAM- 781001.
3:PRESIDING OFFICER INDUSTRIAL TRIBUNAL SILCHAR CACHAR ASSAM.
4:THE PRINCIPAL SECRETARY GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI ASSAM- 781006 For the Appellant(s) : Mr. K. Sarma, Advocate. : Mr. S. Boruah, Advocate. For the Respondent(s) : Mr. H.K. Das, Standing Counsel, Gauhati High Court. : Mr. D.K. Sarmah, Additional Senior Government.
Page No.# 2/3 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
24.04.2025 (Vijay Bishnoi, CJ)
This writ appeal is preferred by the appellant being aggrieved with the
judgment and order dated 09.10.2023 passed by the learned Single Judge in WP(C) No.3481/2021.
2. The appellant/writ petitioner has approached the Writ Court with a prayer to issue a writ of mandamus directing the respondent authorities to take necessary steps enabling her to draw pay scale of Record Keeper as per the action plan prepared by the Government of Assam on the basis of the recommendation of the Shetty Commission.
3. The learned Single Judge, after hearing the rival arguments, has disposed of the aforesaid writ petition vide impugned judgment and order dated 09.10.2023, while observing that though the Court does not find any ground to grant the prayer made by the appellant/petitioner in the writ petition, however, has directed the respondents to adjudicate upon the representations preferred by the appellant/writ petitioner in respect of the claim of parity of pay scale and thereby pass a speaking order upon giving the opportunity of hearing to her after taking into consideration the relevant provisions of the law.
4. It is informed by Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam that pursuant to the direction given by this Court vide impugned judgment and order dated 09.10.2023, the claim of the appellant/writ petitioner was duly considered by the Judicial Department of the Government of Assam and the same has been rejected vide order dated 02.04.2025. Copy of
Page No.# 3/3 the order dated 02.04.2025, as produced by Mr. Sarmah, is placed on record. Copy of the order dated 02.04.2025 has also been served upon the
learned counsel appearing for the appellant.
5. In view of the fact noted above, we are of the view that since, pursuant to the direction given by the learned Single Judge vide impugned judgment and
order, the Judicial Department of the Government of Assam has already considered and decided the claim of the appellant/writ petitioner, no further
order is required to be passed in this writ appeal. Hence, this writ appeal is dismissed. However, appellant/writ petitioner is free to avail appropriate remedy for challenging the order dated 02.04.2025 available to her in accordance with law.
JUDGE CHIEF JUSTICE Comparing Assistant