Page No.# 1/11 GAHC010114412020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3540/2020 SHYAMAL BORUAH AND 49 ORS. S/O BUDHESWAR BORUAH, R/O VILL-BHAKATIAKA, P.O.-BORDOLONI, P.S.-GOGAMUKH, DIST-DHEMAJI, ASSAM 2: BHADRAJIT PEGU S/O CHANDRA PEGU R/O VILL-GOGAMUKH MAJGAON P.O.-GOGAMUKH P.S.-GOGAMUKH DIST-DHEMAJI ASSAM 3: SUREN GOGOI S/O LT. GANDHESWAR GOGOI R/O VILL-NO. 2 LOTHIA P.S.-GOGAMUKH DIST-DHEMAJI ASSAM 4: PRATIPAD DEURI S/O TUMURU DEORI R/O VILL-MAJ DEURI P.O.-KOUPATANI P.S.-GOGAMUKH DIST-DHEMAJI ASSAM 5: MISS HEMA PEGU D/O NATUMAL PEGU R/O VILL-JYOTISHPUR P.O.-KOWPATANI P.S.-GOGAMUKH DIST-DHEMAJI ASSAM Page No.# 2/11 6: SANJIB BORAH S/O HEM CHANDRA BORAH R/O VILL-BORBILA BHEBELI P.O.-JOYRAMPUR P.S.-GOGAMUKH DIST-DHEMAJI ASSAM 7: BINITA DOLEY W/O PRATIPAD DEURI R/O VILL-MAJDEURI P.O.-KAUPATANI P.S.-GOGAMUKH DIST-DHEMAJI ASSAM 8: MANUJ DOLEY S/O JAMADHAR DOLEY R/O VILL-NAMKIR P.S.-JONAI DIST-DHEMAJI ASSAM 9: KETRO NATH TAYE S/O MOHAN CH. TAYE R/O VILL-NO. 2 RAYENG P.O. AND P.S.-JONAI DIST-DHEMAJI ASSAM 10: GIBAN TAYE S/O KANURAM TAYE R/O VILL-DHIKARI P.S.-JONAI DIST-DHEMAJI ASSAM 11: JITEN BRAHMA S/O KAMESWAR BRAHMA R/O VILL-JUGAMI NARAYANPUR P.S.-JONAI DIST-DHEMAJI ASSAM 12: JIRU MONI PEGU D/O LT KHAMESWAR PEGU R/O VILL-DEKA MISSING Page No.# 3/11 P.S.-JONAI DIST-DHEMAJI ASSAM 13: KAPIL TAYE S/O ANUAR TAYE R/O VILL-GALI NGBANG P.S.-JONAI DIST-DHEMAJI ASSAM 14: DEBENDRA NATH TAYE S/O NUMAL TAYE R/O VILL-RAMDHAN P.S.-JONAI DIST-DHEMAJI ASSAM 15: DIMBESWAR KUTUM S/O RAMA KT. KUTUM R/O VILL-AMLOKHI PAIT P.S.-JONAI DIST-DHEMAJI ASSAM 16: JOGANANDA HAZARIKA S/O HERAMBA HAZARIKA R/O VILL-BAIBARY (UDAIPUR) P.S.-JONAI DIST-DHEMAJI ASSAM 17: SANJU MILI S/O BUDGAHR MILI R/O VILL-BAIKUNTAPUR P.S.-JONAI DIST-DHEMAJI ASSAM 18: KISHORE TAYENG S/O GAJENDRANATH TAYENG R/O VILL-NO. 3 SIKARI P.S.-JONAI DIST-DHEMAJI ASSAM 19: JYOTI KULI D/O MEGHNATH KULI Page No.# 4/11 R/O VILL-GALI RANGAJAN P.S.-JONAI DIST-DHEMAJI ASSAM 20: RAJANI KANTA PAO S/O NAKESWAR PAO R/O VILL-MOHOMARA P.S.-JONAI DIST-DHEMAJI ASSAM 21: BANIKANATA CHUTIA S/O BIRESON CHUTIA R/O VILL-SATULACHAKA P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 22: RAJIB KONWAR D/O TANKESWAR KONWAR R/O VILL-SATIPUR KONWAR GAON P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 23: DIPEN TAYE D/O CHANDRA KANTA TAYE R/O VILL-KURBIBARI GAON P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 24: MUHINDRA CHUNGKRANG S/O KARKASING R/O VILL-BORMUKALI P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 25: RAJIB PEGU S/O ROBISON PEGU R/O VILL-KATHALGURI P.S.-SILPATHAR DIST-DHEMAJI ASSAM 26: GHANA KANTA DOLEY Page No.# 5/11 S/O LT. PADMA SING DOLEY R/O VILL-SILAPATHAR MISSING GAON P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 27: JIBAN PATIR S/O KULDHAR PATIR R/O VILL-BADALA CHUK P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 28: NIRANJAN MORANG S/O DHARMA KANTA MORANG R/O VILL-PATIRI TOMENG P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 29: DHANDIRAM PEGU S/O SIVANATH PEGU R/O VILL-CHEKAIMUKH P.S.-SILPATHAR DIST-DHEMAJI ASSAM 30: DEVIDHAR PEGU S/O JAPAN PEGU R/O VILL-BHEKELI TONGARI P.S.-SILPATHAR DIST-DHEMAJI ASSAM 31: RUDRA CHUTIA S/O PURNA KANTA CHUTIA R/O VILL-PUKIA P.S.-SILPATHAR DIST-DHEMAJI ASSAM 32: JATIN MILI S/O DHANAPATI MILI R/O VILL-CHIMENMUKH P.S.-SILPATHAR DIST-DHEMAJI ASSAM Page No.# 6/11 33: INDRESWAR CHUTIA S/O BIPIN CHUTIA R/O VILL-DIJMUR HINDU P.S.-SILPATHAR DIST-DHEMAJI ASSAM 34: MAHENDRA KONWAR S/O GANGADHAR KONWAR R/O VILL-JAPAR GAON P.S.-SILPATHAR DIST-DHEMAJI ASSAM 35: TEJU TAYE S/O ROMEN TAYE R/O VILL-KULAJAN PAM P.S.-SILAPATHAR DIST-DHEMAJI ASSAM 36: MINIKANTA KARDONG S/O BAN KARDONG R/O VILL-N.1 PHATIA P.O.-KAITONG P.S.-DHEMAJI DIST-DHEMAJI ASSAM 37: CHENIRAM PEGU S/O HIRANATH PEGU R/O VILL-KAITONG MISSONG P.S. AND DIST-DHEMAJI ASSAM 38: BOLIN YEIN S/O HALADHA YEIN R/O VILL-BENGENAGARAH P.S. AND DIST-DHEMAJI ASSAM 39: DEUKAN DAS S/O PADMESWAR DAS R/O VILL-KATHALGURI KAIBARTA P.S. AND DIST-DHEMAJI ASSAM 40: PRABIN SARMAH Page No.# 7/11 S/O HAR KT. SARMAH R/O VILL-BILOTIAGAON MACHKHUWA P.S. AND DIST-DHEMAJI ASSAM 41: MINTU DAFLARY S/O BALICHARAN DAFLARY R/O VILL-AMULGURI P.S. AND DIST-DHEMAJI ASSAM 42: DIGANTA GOGOI S/O CHANDRA GOGOI R/O VILL-MAJGAON P.S. AND DIST-DHEMAJI ASSAM 43: JUGANTA SONOWAL S/O GANESH CHANDRA SONOWAL R/O VILL-SALMARI P.S. AND DIST-DHEMAJI ASSAM 44: SANTOSH BURAGOHAIN S/O LT. THGESWAR BURAGOHAIN R/O VILL-SALMARI P.S. AND DIST-DHEMAJI ASSAM 45: BANESWAR PEGU S/O BIPIN PEGU R/O VILL-TEKJURI MIRI P.S. AND DIST-DHEMAJI ASSAM 46: NINA HAZARIKA W/O SRI BHAEN GOGOI R/O VILL-LAKHTOKIA P.S. AND DIST-DHEMAJI ASSAM 47: RUPNATH SONOEWAL S/O HITESWAR SONOWAL R/O VILL-NA ALI BHAJUGAON JIADHAL CHARIALI P.S. AND DIST-DHEMAJI ASSAM Page No.# 8/11 48: KAMALA SAJATI D/O LT. KUKHESWAR SAJATI R/O VILL-GRUBANDHA P.S. AND DIST-DHEMAJI ASSAM 49: SUBARNA PANGING S/O MUKHESWAR PANGING R/O VILL-LAKHIPATHAR MORISULI P.S. AND DIST-DHEMAJI ASSAM 50: RUPALI BORGOHAI D/O JUGEN BORAOHAIN R/O VILL-HATIGARH P.S. AND DIST-DHEMAJI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-781037 3:THE DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-781037 4:THE PROJECT DIRECTOR DRDA DHEMAJI DIST-DHEMAJI ASSA Advocate for the Petitioner : MR J PAYENG, MR. A BARUAH Advocate for the Respondent : SC, PNRD, Page No.# 9/11 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 17.12.2025 1. Heard Mr. J. Payeng, learned counsel for the petitioners. Also heard Mr. K. Konwar, learned Standing Counsel, PNRD Department for the respondents. 2. The petitioners by way of instituting the present writ petition have raised an apprehension with regard to the consequential effect, the re-designation of the Gaon Panchayat Coordinator as Gaon Panchayat Account Assistant would have on their service. 3. The petitioners herein were in pursuance to a process of selection engaged as Gaon Panchayat Account Assistant in various Gaon Panchayats of the State on contractual basis. 4. Both the posts of Gaon Panchayat Coordinator as well as Gaon Panchayat Account Assistant were filled up by the authorities on contractual basis. However, it is stated at the bar that no post came to be created for the purpose in the Panchayat & Rural Development Department. 5. As the petitioners were so continuing in their respective services on contractual basis as Gaon Panchayat Account Assistant, they had come across a communication dated 30.05.2020 issued by the Commissioner and Panchayat & Rural Development, Assam. Vide the communication the Government was requested to consider the request made by the Gaon Panchayat Page No.# 10/11 Coordinator for re-designation of their posts as Gaon Panchayat Account Assistant. 6. The learned counsel for the petitioners has submitted that in the event re- designation of the post of Gaon Panchayat Coordinator as Gaon Panchayat Account Assistant is so permitted by the Government, the petitioners apprehend that the same would result in the termination of the contractual employment and accordingly they had instituted the present writ petition. 7. Mr. K. Konwar, learned Standing Council for the Panchayat & Rural Development Department has submitted that the petitioners as on date are continuing to discharge their duties as Gaon Panchayat Account Assistant. He submits that although a proposal was submitted by the Commissioner, Panchayat & Rural Development, Assam for re-designation of the post of Gaon Panchayat Coordinator as Gaon Panchayat Account Assistant, the said proposal has not been granted approval by the Government till this very date. He submits that the petitioners having been engaged on contractual basis, their continuation in service would be in terms of the provisions made in the agreements executed in the matter by and between the petitioners and the Departmental Authorities. He submits that the post of Gaon Panchayat Coordinator not having been re-designated as Gaon Panchayat Account Assistant, the present writ petition is premature. 8. I have heard the learned counsel for the parties and also perused the materials available on records. 9. The materials brought on record would reveal that the present writ petition Page No.# 11/11 was so filed on an apprehension that on re-designation of the post of Gaon Panchayat Coordinator as Gaon Panchayat Accountant, the petitioner's contractual services as Gaon Panchayat Account Assistant would be terminated. The said apprehension had arisen from a communication dated 30.05.2020, issued by the Commissioner, Panchayat & Rural Development, Assam. It is found that for the last around 5 years after issuance of the said communication dated 30.05.2020, the petitioners are continuing to discharge their duties on contractual basis as Gaon Panchayat Account Assistant and no re-designation of the post of Gaon Panchayat Coordinator as Gaon Panchayat Accountant or Account Assistant has been carried out. 10. In view of the above position obtaining in the matter, this Court is of the considered view that the present writ petition need not be detained any further and can be disposed of by granting liberty to the petitioners to approach the respondent authorities by way of filing a representation raising their grievances in the matter. It is further provided that in the event, their services are sought to be terminated on account of re-designation of the post of Gaon Panchayat Coordinator as Gaon Panchayat Accountant or as Gaon Panchayat Account Assistant, the petitioners would be at liberty to approach this court assailing the same by way of filing appropriate application. 11. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant