DHRUBAJYOTI CHAKRABORTY v. THE NATIONAL INSTITUTE OF TECHNOLOGY, SILCHAR AND 2 ORS.
Review.Pet./121/2026 · 2026-08-06
Shamima Jahan
Review Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 12786 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12786 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010120742026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./121/2026 DHRUBAJYOTI CHAKRABORTY S/O SRI NARAYAN CHAKRABORTY, RESIDENT OF NEAR LANE NO. 7L, SHIVALIK PARK, MEHERPUR, SILCHAR-788015, DISTRICT- CACHAR, ASSAM. VERSUS THE NATIONAL INSTITUTE OF TECHNOLOGY, SILCHAR AND 2 ORS.
REPRESENTED BY THE REGISTRAR, CACHAR, PIN-788010, ASSAM 2:THE DIRECTOR NATIONAL INSTITUTE OF TECHNOLOGY SILCHAR CACHAR PIN-788010 ASSAM.
3:THE DEAN (PLANNING AND DEVELOPMENT) NATIONAL INSTITUTE OF TECHNOLOGY SILCHAR CACHAR PIN-788010 ASSA Advocate for the Petitioner : MR. A CHOUDHURY, MR. AMIT GOYAL Advocate for the Respondent : ,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER Date : 07 .08.2026
Heard Mr. S. Saxena, learned Counsel for the review petitioner.
2. By this application filed in review jurisdiction under Section 114 and Order XLVII Rule 1 of the CPC, the petitioner has sought for review/modification of the
judgment and order dated 15.05.2026 passed in WPC No. 554/2024. The petitioner by this application has prayed for two reliefs, 1) to modify the said
judgment and order to the extent that services of the petitioner be directed be regularize from his initial date of appointment i.e. 14.10.2009 with all consequential service and financial benefit and 2) for a direction to the respondent to implement the judgment within a period of four weeks from the date of the receipt of the certified copy of the order.
3. The learned Counsel for the petitioner submits and relies on a decision of High Court of Calcutta, wherein it was held that the temporary, casual, contractual employees engaged in duly sanctioned post and who had served continuously for a decade should be considered for regularization and further held that the said regularization should be directed from the initial appointment of the said employees since they have been working continuously without a break in service. He as such submits that petitioner’s service be also allowed to be regularized from the date of his initial appointment.
4. However, in the order dated 15.05.2026 passed by this Court in WP(C) No. 454/2024, this Court had ordered for regularizing the service of the petitioner by creating a supernumerary post and further that the regularization was ordered to be done forthwith i.e. immediately after passing of the said judgment and
Page No.# 3/3 consequential financial benefits were also ordered to be given to him in the
facts of the said case. As such, there is no ground for review of the said
judgment. It is a settled position of law that review of a judgment is permissible as provided under Order XLVII Rule 1 on two grounds, one being error apparent on the face of the records and the other being discovery of new evidence which was not in the knowledge of the parties beforehand. However, both these grounds are not available in the instant case. As such, the present case is dismissed with however a further direction in the interest of justice that the respondent, National Institute of Technology, N.I.T, Silchar, Cachar would follow the directions given in the said judgment without any delay.
5. Petition is disposed of.
JUDGE Comparing Assistant