SUBA SADDAK ISLAM v. THE STATE OF ASSAM AND 3 ORS.
WP(C)/642/2025 · 2025-03-19
Devashis Baruah
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6770 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6770 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010020502025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/642/2025 SUBA SADDAK ISLAM S/O- HARUN ISLAM, RESIDENT OF VILL.- CHAGALCHARA PART-III, P.S. AND DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, JUDICIAL DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE REGISTRAR (ADMINISTRATION) CUM CENTRALIZES RECRUITMENT GAUHATI HIGH COURT AT GUWAHATI-01.
3:THE REGISTRAR (VIGILANCE) OF GAUHATI HIGH COURT AT GUWAHATI-01.
4:THE CHIEF JUDICIAL MAGISTRATE DHUBRI P.O.
P.S. AND DIST.- DHUBRI PIN- 783301
Advocate for the petitioner(s): Mr. M Khan
Advocate for the respondent(s): Mr. HK Das, Standing Counsel
Page No.# 2/3 Gauhati High Court
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 20.03.2025
Heard Mr. M Khan, the learned counsel appearing on behalf of the petitioner. Mr. HK Das, the learned Standing Counsel appears on behalf of the Gauhati High Court.
2. The instant writ petition has been filed by the petitioner, who is a peon appointed vide the order dated 23.11.2015. He joined his services on 01.12.2015 in the establishment of Sub-Divisional Judicial Magistrate (M) at Hatsingimari. The petitioner herein was transferred to the Court of the learned Sub-Divisional Judicial Magistrate, Bilasipara under the Chief Judicial Magistrate, Dhubri and he joined the establishment on 10.09.2018. The promotional post from the post of peon is the post of Process Server. The grievance of the petitioner is the advertisement issued on 14.10.2024, whereby the post of Process Server is sought to be filled up by way of direct recruitment.
3. It is the case of the petitioner that if the said post is being filled up by way of direct recruitment, the petitioner’s avenue to be considered for promotion to the post of Process Server would be affected.
Page No.# 3/3
4. The Gauhati High Court had filed an affidavit-in-opposition pursuant to the
order dated 19.02.2025. In the said affidavit, it has been categorically mentioned that the post which was advertised vide the advertisement dated 14.10.2024 is the post which arose on account of the resignation of one Smti Tanurupa Goswami, who was directly recruited. It was further stated, more specifically, in paragraph 10 of the said affidavit-in-opposition that the post of Process Server in the same establishment had fallen vacant on 28.02.2025 on account of superannuation of an incumbent. It was also mentioned that the said post would be filled up by way of promotion.
5. Taking into account the above, the learned counsel appearing on behalf of the petitioner submits that the petitioner has no grievances as the post of Process Server would now be filled up by promotion which had fallen vacant on
28.02.2025.
6. In that view of the matter, nothing further remains to be adjudicated in the instant petition, for which, the same stands closed.
JUDGE Comparing Assistant