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2025 DAILYLAW 25816 (GAU)

DULANA BARMAN v. THE STATE OF ASSAM, AND 7 ORS

WP(C)/4759/2025 · 2025-10-29

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/6 GAHC010185952025 2025:GAU-AS:14634 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4759/2025 DULANA BARMAN W/O LATE SUBRATA BARMAN, R/O LAKKHISAHAR, WARD NO. 14,P.S. AND DIST. HAILAKANDI, PIN 788151 2: RAJDIP SARMA S/O RASENDU SEKHAR SARMA R/O H/NO 107C WARD NO. 48 RABINDRA SARANI LANE OPPOSITE TO EMPLOYMENT EXCHANGE P.O. P.S. AND DIST. HAILAKANDI PIN 788151 3: RAJESH PANDEY S/O LATE RAMAYAN PANDEY R/O AENAKHAL BAZAR P.O.MONACHERA P.S. LALA DIST. HAILAKANDI PIN 788164 4: K. RAJIB KUMAR SINGH S/O LATE K. BARENDRA SINGH VILL. NIMAICHANDPUR PART II P.O. RAJYESWARPUR P.S. LALA DIST. HAILAKANDI PIN 788168 5: TAMOJIT BARMAN Page No.# 2/6 VILL. KANAKPUR PART III P.S. JOYPUR DIST. CACHAR PIN 788107 6: QUSAR AHMED LASKAR S/O JASIR UDDIN LASKAR VILL. CHANDRAPUR PART I P.O. CHANDRAPUR VIA LALA P.S. LALA DIST. HAILAKANDI PIN 78816 VERSUS THE STATE OF ASSAM, AND 7 ORS TO BE REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, JUDICIAL DEPTT., DISPUR, GUWAHATI 06 2:THE REGISTRAR GENERAL HONBLE GAUHATI HIGH COURT PRINCIPAL SEAT GUWAHATI 01 3:THE REGISTRAR (ADMIN) CUM IN CHARGE CENTRALIZED RECRUITMENT HONBLE GAUHATI HIGH COURT GUWAHATI 01 4:THE LEARNED DIST. AND SESSIONS JUDGE HAILAKANDI P.O P.S. DIST. HAILAKANDI PIN 788151 5:THE LEARNED CHIEF JUDICIAL MAGISTRATE HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI PIN 788151 Page No.# 3/6 6:THE SELECTION COMMITTEE OF THE LEARNED CHIEF JUDICIAL MAGISTRATES ESTABLISHMENT HAILAKANDI TO BE REPRESENTD BY ITS CHAIRMAN P.O. P.S. AND DIST. HAILAKANDI PIN 788151 7:SANDIP CHAKRABORTY SENIOR ADMINISTRTIVE ASSTT. OFFICE OF THE LEARNED CHIEF JUDICIAL MAGISTRATES ESTABLISHMENT HAILAKANDI P.O. P.S. AND DISST. HAILAKANDI PIN 788151 8:SUKANTA DAS JUNIOR ADMINISTRATIVE ASSISTANT OFFICE OF THE LEARNED CHIEF JUDICIAL MAGISTATES ESTABLISHMENT HAILAKANDI P.O. AND P.S. AND DIST. HAILAKANDI PIN 78815 For the Petitioner(s) : Mr. R.A. Mazumder, Advocate For the Respondent(s) : Mr. S.R. Baruah, Govt. Advocate Mr. H.K. Das, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 30.10.2025 Heard Mr. R.A. Mazumder, the learned counsel appearing on behalf of the petitioners. Mr. S. R. Baruah, the learned Government Advocate appears on behalf of the respondent No.1 Page No.# 4/6 and Mr. H. K. Das, the learned Standing Counsel, Gauhati High Court appears on behalf of the respondent Nos. 2 to 6. 2. None appears on behalf of the respondent No. 7 in spite of service having been affected and duly noted in the order dated 11.09.2025. 3. This Court had passed a detailed order on 21.08.2025 holding inter alia that the selection of the respondent No. 7 to the post of Senior Administrative Assistant (SAA) was contrary to the principles of seniority-cum-merit. However, as on that date, the respondent No. 7 was not present, this Court did not allow the instant writ petition without giving the respondent No. 7 an opportunity of hearing. 4. It is seen that in spite of notice being served, the respondent No. 7 has not appeared. 5. This Court enquired with Mr. H. K. Das, the learned Standing Counsel, Gauhati High Court, as to why, in spite of due opportunity being given, no affidavit has been filed. Mr. H.K. Das, the learned Standing Counsel, Gauhati High Court has only produced the records which this Court had duly taken into account while passing the order dated 21.08.2025. This Court further enquired with Mr. H. K. Das, the learned Standing Counsel, Gauhati High Court, as to whether, any further Page No.# 5/6 submissions are required to be made in that regard. 6. Mr. H.K. Das, the learned Standing Counsel, Gauhati High Court submitted that he has not received any further instruction(s) to make any submission in the instant matter, save and except, that the promotion of the respondent No. 8 is in accordance with the principles. The learned Standing Counsel further submitted that the petitioners are not aggrieved by the promotion of the respondent No. 8 vide the impugned order dated 01.08.2025. 7. Taking into account that this Court had duly passed the order dated 21.08.2025 on the basis of the records so produced, and there is nothing else being brought to which would change the opinion of this Court, this Court finds no ground to defer with the findings already arrived at by this Court on 21.08.2025. The findings arrived at by this Court in the order dated 21.08.2025 shall be a part of this Order. 8. Accordingly, the instant writ petition therefore stands disposed of thereby interfering with the Order No. 58 dated 01.08.2025 by which the respondent No. 7 was promoted to the post of Senior Administrative Assistant (SAA) as well as all consequential orders passed on the basis thereof which relates to the respondent No. 7. This Court, however, clarifies that this Page No.# 6/6 Court has not interfered with the impugned order dated 01.08.2025 insofar as the promotion of the respondent No. 8 to the post of Senior Administrative Assistant (SAA) is concerned. 9. The Respondent Authorities would be at liberty to take steps for filling up of the vacant post of Senior Administrative Assistant (SAA) which now stands vacant in view of the setting aside of the order dated 01.08.2025 by which the respondent No. 7 was promoted to the said post as well as all consequential orders in connection with the respondent No. 7. 10. With above observations and directions, the instant writ petition stands disposed of. 11. Interim order passed earlier stands vacated. 12. Records so produced are returned. JUDGE Comparing Assistant