Page No.# 1/7 GAHC010059682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/817/2025 SHRI PURNA PRASAD SHARMA SENIOR ACCOUNTS OFFICER,LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT,GOVT. OF SIKKIM,GANGTOK,EAST SIKKIM- 737101 2: SHRI JAG BAHADUR KARKI SENIOR ACCOUNTS OFFICER URBAN DEVELOPMENT AND HOUSING DEPARTMENT GOVT. OF SIKKIM GANGTOK EAST SIKKIM-73710 VERSUS STATE OF SIKKIM THROUGH THE SECRETARY, DEPT. OF PERSONNEL, ADMINISTRATIVE REFORMS AND TRAINING, PUBLIC GRIEVANCES, GOVT. OF SIKKIM, GANGTOK 2:FINANCE REVENUE AND EXPENDITURE DEPARTMENT REP. BY AND THROUGH ITS PRINCIPAL SECRETARY GOVT. OF SIKKIM GANGTOK 3:SHRI SUSHIL PRADHAN S/O.-LATE TILAK PRADHAN R/O-SNT COLONY DARAGAON TADONG EAST SIKKIM-737102 4:SHRI L P PRADHAN S/O- LATE M.B PRADHAN R/O-BHANSARI LODGE Page No.# 2/7 DEORALI EAST SIKKIM-737102 5:SHRI M N NEOPANEY S/O- INDRA LALI NEOPANEY R/O- UPPER SICHEY GANGTOK EAST SIKKIM-737101 6:SHRI SANTOSH KUMAR LAMA S/O-LATE P.M LAMA R/O- LINGDING BUSTY ICAR ROA GANGTOK EAST SIKKIM-737102 7:SHRI BHOJ RAJ PRADHAN S/O- SHRI T.N PRADHAN R/O-DEFENCE AUDITORIUM ROAD HOUSING COLONY TADONG EAST SIKKIM-737101 8:SHRI PUSHPA KUMAR CHHETRI S/O- SHRI P.B CHHETRI R/O.- TIBET ROAD GANGTOK 737101 9:SHRI BHUWAN GURUNG S/O- LATE B.B GURUNG R/O- SUIRAM KALI KHOLA NAMTHANG SOUTH SIKKIM-737126 10:SHRI K B SUBBA S/O-LATE D.B SUBBA R/O-RUMBUK BUSTY SOMBARIA WEST SIKKIM-737121 11:SHRI HOM PRASAD RAI S/O.- LATE KHARKA BAHADUR RAI R/O.- TURUK BUSTY PANCH GHAREY P.O- TURUK SOUTH SIKKIM-737128 Page No.# 3/7 12:SHRI PRATAP SINGH RAI S/O-B.B RAI R/O-MANBIR COLONY BHUSUK GANGTOK EAST SIKKIM-737101 13:SHRI SUBASH PRADHAN SENIOR ACCOUNT OFFICER SOCIAL JUSTICE EMPOWERMENT AND WELFARE DEPARTMENT GOVT. OF SIKKIM GANGTOK EAST SIKKIM 14:SHRI PRASHANT DAHAL SRNIOR ACCOUTS OFFICER TOURISM DEPARTMENT GOVT. OF SIKKIM GANGTOK EAST SIKKIM-737101 15:SHRI SUNIL CHANDRA SHARMA SENIOR ACCOUNT OFFICER LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISTRICT COLLECTORATE (SOUTH) GOVT. OF SIKKIM NAMCHI SOUTH SIKKIM-737126 16:MRS SUJANA SHARMA SENIOR ACCOUNT OFFICER WATER SECURITY AND PHE DEPARTMENT GOVT. OF SIKKIM GANGTOK EAST SIKKIM-737101 17:MS PRINCY PALDEN DHANDUP SENIOR ACCOUNT OFFICER EXCISE DEPARTMENT GOVT.OF SIKKIM GANGTOK EAST SIKKIM-737101 18:MS ARPANA NAOMI RAI DEPUTY DIRECTOR (BUDGET) FINANCE REVENUE AND EXPENDITURE DEPARTMENT GOVT OF SIKKIM GANGTOK Page No.# 4/7 EAST SIKKIM-737101 19:MS TSHERING DOLMA SENIOR ACCOUNT OFFICER COMMERCE AND INDUSTRIES DEPARTMENT GOVT. OF SIKKIM GANGTOK EAST SIKKIM-737101 20:MS PAMIN LEPCHA SENIOR ACCOUNTS OFFICER FOREST ENVIRONMENT AND WILDLIFE MANAGEMENT DEPARTMENT GOVT. OF SIKKIM GANGTOK EAST SIKKIM-737101 21:SHRI KARMA THENDUP THAPA SENIOR ACCOUNT OFFICER STATE OF LEGISLATIVE ASSEMBLY GOVT OF SIKKIM GANGTOK EAST SIKKIM-737101 22:SHRI AMARDEEP SINGH SENIOR ACCOUNTS OFFICER HUMAN RESOURCE DEVELOPMENT DEPARTMENT HEADQUARTERS GOVT. OF SIKKIM GANGTOK EAST SIKKIM-737101 23:SHRI BHIM BAHADUR BARDEWA SENIOR ACCOUNTS OFFICER NRHM UNDER HEALTH CARE HUMAN SERVICES AND F.W. DEPARTMENT GOVT OF SIKKIM GANGTOK EAST SIKKIM-737101 24:SMT LAKPA DOMA BHUTIA SENIOR ACCOUNTS OFFICER ECCLESIASTICAL DEPART GOVT. OF SIKKIM GANGTOK EAST SIKKIM-73710 Page No.# 5/7 For petitioner/applicant(s) : Mr. H.K. Das, Advocate Mr. D.J. Kapil, Advocate For respondent(s) : K.D. Bhutia, Advocate (V.C) Zangpo Sherpa, Advocate (V.C.) – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 19.05.2025 (Vijay Bishnoi, CJ) This Interlocutory Application is preferred on behalf of the applicant with a prayer to clarify that this writ appeal will not come in the way or put an embargo/bar for the department of Personnel, Government of Sikkim for effectuating the promotion of the applicants to the post of Additional Director in Selection Grade-I of the Sikkim Finance & Accounts Services i.e. from 14.02.2023 as has been granted vide its office order dated 14.02.2023 followed by the consequential grant of promotion to the post of Director i.e. from 15.02.2025. The promotion of the applicants came to be challenged by the private respondents before the Sikkim High Court by way of WP(C) 30/2016 along with the promotion of other respondents i.e. respondents No.7 to 17 in the writ petition. The learned Single Judge, while allowing the writ petition filed on behalf of the private respondents, has interfered with the promotion of the other respondents except the applicants, who were impleaded as respondents No.4, 5 and 6 in the writ petition. The learned Single Judge in the operative portion of the impugned judgment has observed as under:- Page No.# 6/7 “(v) No Orders need be issued with regard to Respondents No.4, 5 and 6 in view of the foregoing discussions pertaining to their Promotions, they are at liberty to approach the State-Respondents for redressal of any grievances.” The applicants are contending that though the promotion of the applicants was not interfered with by the learned Single Judge and they were promoted to the post of Additional Director in Selection Grade-I of Sikkim Finance & Account Services i.e. from 14.02.2023, followed by consequential grant of promotion to the post of Director i.e. from 15.02.2025, but those promotion orders were not given any effect, as per the opinion given by the Additional AG of the State of Sikkim. Learned counsel appearing for the applicants has submitted that when the promotion of the applicants to the post of Senior Accountant accorded to them in the year 1997, has not been interfered with by the learned Single Judge, the applicants are entitled for further promotion as per their seniority on the post of Additional Director in the Selection Grade-I at Level-20 and further promotion on the post of Director. It is contended that when the promotions were already granted, there is no reason for the State for not giving effect to those promotion. No counter to the application is preferred by the private respondents as well as State of Sikkim. The counsel for the private respondents as well as the State of Sikkim has stated that there is no requirement for filing any counter to the Interlocutory Application. Taking into consideration the facts and circumstances of the case, particularly, the fact that the promotion of the petitioners on the post of Senior Account Officer accorded in the year 1997, has not been interfered with by the learned Page No.# 7/7 Single Judge, there is no justification on the part of the State of Sikkim not to give effect to the promotion accorded to the applicants on the post of Additional Director in Selection Grade-I at Level-20 and on the post of Director. Hence, the application is allowed. The relief prayed for in the Interlocutory Application is granted. JUDGE CHIEF JUSTICE Comparing Assistant