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2025 DAILYLAW 26704 (GAU)

SHRI PANKAJ KUMAR DAS v. THE STATE OF ASSAM AND 7 ORS.

WP(C)/4795/2025 · 2025-11-26

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010187582025 2025:GAU-AS:16205 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4795/2025 SHRI PANKAJ KUMAR DAS (SERVING AS JUNIOR ADMINISTRATIVE OFFICER, O/O CHIEF JUDICIAL MAGISTRATE, JORHAT) S/O LATE HARENDRA NATH DAS R/O BORIGAON P.O. JORHAT, JORHAT, DISTRICT JORHAT, ASSAM, MOBILE NO. 9954216935 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, JUDICIAL DEPARTMENT, JANTA BHAWAN, DISPUR, GUWAHATI-781006. 2:THE GAUHATI HIGH COURT REPRESENTED BY ITS REGISTRAR GENERAL M.G. ROAD GUWAHATI- 3:THE LEGAL REMEMBRANCER CUM COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM JUDICIAL DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781006. 4:THE REGISTRAR GENERAL GAUHATI HIGH COURT M.G. ROAD GUWAHATI 5:THE DISTRICT AND SESSIONS JUDGE Page No.# 2/4 MAJULI DISTRICT MAJULI ASSAM 6:THE CHIEF JUDICIAL MAGISTRATE MAJULI DISTRICT MAJULI ASSAM 7:THE SELECTION BOARD FOR SELECTION AND APPOINTMENT OF HEAD ASSISTANT IN THE ESTABLISHMENT OF THE CHIEF JUDICIAL MAGISTRATE MAJULI REPRESENTED BY ITS CHAIRMAN THE CHIEF JUDICIAL MAGISTRATE MAJULI DISTRICT MAJULI ASSAM 8:SHRI BASANTA PAYUN SERVING AS HEAD ADMINISTRATIVE OFFICER OFFICE OF THE CHIEF JUDICIAL MAGISTRATE MAJULI DISTRICT MAJULI ASSAM PIN-785104 For the Petitioner(s) : Mr. P. D. Nair, Advocate : Mr. A. Chetry, Advocate For the Respondent(s) : Mr. H. K. Das, SC, GHC : Mr. K. Kalita, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 27.11.2025 Heard Mr. P. D. Nair, the learned counsel appearing on behalf of the Petitioner and Mr. H. K. Das, the learned Standing counsel appearing on Page No.# 3/4 behalf of the Gauhati High Court. I have also heard Mr. K. Kalita, the learned counsel appearing on behalf of the Respondent No.8. 2. The Petitioner herein has challenged the appointment of the Respondent No.8 as the Head Assistant (re-designated as Head Administrative Officer) in the establishment of Chief Judicial Magistrate, Majuli on the ground that the Respondent No.8 did not have the eligibility to participate in the said selection process as he did not have the requisite qualifying eligibility of 10 (ten) years in the post of Upper Division Assistant including Supervisory Assistant in any establishment of the Chief Judicial Magistrate in terms with Rule 6(1) of the Assam Chief Judicial Magistrates Establishment (Ministerial) Service Rules, 1987. 3. This Court had issued notice on 22.08.2025 making it returnable on 18.09.2025. Thereupon, this Court further vide an order dated 18.09.2025 on the basis of the instructions placed before this Court had stayed the appointment order of the Respondent No.8 dated 10.01.2025 till the disposal of the writ petition. It has been brought to the attention of this Court that in the meantime, the Petitioner superannuated on 31.10.2025. 4. Considering the above, as the Petitioner has already superannuated and under no circumstances can be appointed to the post of Head Assistant, it is the opinion of this Court that the Petitioner now cannot be considered to be a person aggrieved to challenge the appointment of the Respondent No.8. 5. Accordingly, this Court therefore closes the instant writ petition as it has become infructuous without deciding on the legality or validity of the Page No.# 4/4 appointment of the Respondent No.8. 6. Interim order passed on 18.09.2025 stands vacated. JUDGE Comparing Assistant