ARUP KUMAR DEY AND 2 ORS. v. THE STATE OF ASSAM AND 8 ORS.
I.A.(Civil)/3087/2026 · 2026-09-08
Arun Dev Choudhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13935 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13935 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010178262026
2026:GAU- AS:13104-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3087/2026 ARUP KUMAR DEY AND 2 ORS.
SON OF LATE MONMOTH KUMAR DEY RESIDENT OF VILLAGE- NOON NAGAR P.O. - KATIRAIL DISTRICT- CACHAR ASSAM PIN- 788804 2: SUNIT KUMAR GOGOI SON OF LATE PADMANATH GOGOI RESIDENT OF DIBRUGARH DEVELOPMENT AREA P.O.- DIBRUGARH DISTRICT- DIBRUGARH ASSAM PIN- 786003 3: CHANDAN SARMA SON OF LATE MADAN SARMA RESIDENT OF VILLAGE- BARKURIHA P.O.- BARKURIHA DISTRICT- NALBARI ASSAM PIN- 781348 VERSUS THE STATE OF ASSAM AND 8 ORS.
REPRESENTED BY THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVT. OF ASSAM JUDICIAL DEPARTMENT JANATA BHAWAN DISPUR
Page No.# 2/4 GUWAHATI-6.
2:THE GAUHATI HIGH COURT REPRESENTED BY THE REGISTRAR GENERAL M. G. ROAD GUWAHATI- 1 3:THE REGISTRAR GENERAL GAUHATI HIGH COURT M. G. ROAD GUWAHATI- 1 4:THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVT. OF ASSAM JUDICIAL DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-6 5:THE SECRETARY TO THE GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI- 6 6:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-6 7:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 28 8:THE PRESIDING OFFICER INDUSTRIAL TRIBUNAL GUWAHATI KAMRUP (METRO) HENGERABARI GUWAHATI- 36 9:DILIP KUMAR DEVASARMA SON OF LATE HARESWAR SARMA RESIDENT OF HOUSE NO. 21 MEDHI PHUKAN PATH SHIV MANDIR LAKHIMI NAGAR
Page No.# 3/4 HATIGAON CHARIALI GUWAHATI - 38 PRESENTLY WORKING AS REGISTRAR INDUSTRIAL TRIBUNAL GUWAHATI KAMRUP (METRO) HENGERABARI GUWAHATI- 36 ------------ Advocate for : MR. K M HALOI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS.
BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
09-09-2026 (Arun Dev Choudhury,J)
1. Heard Mr. K. M. Haloi, learned counsel, for the applicants/appellants. Also heard Mr. N. K. Sarma, learned counsel appearing on behalf of Mr. H. K. Das, learned Sr. counsel/Standing counsel, Gauhati High Court; Mr. R. K. Talukdar, learned Standing counsel, Accountant General (A&E), Assam, Mr. U. Sharma, learned Government counsel and Mr. A. Chaliha, learned Standing counsel, Finance Department, for the opposite parties/respondents.
2. The present application has been filed by applicants/appellants seeking leave/permission to prefer the connected writ appeal against the judgment and
order dated 22.05.2026, passed by the learned Single Judge in WP(C) No. 7066/2024.
3. The background facts of the present litigation are in a narrow compass.
4. The applicants are serving as Senior Administrative Assistants in different
Page No.# 4/4 Industrial Tribunal and Labour Courts in Assam. According to the applicants, the post of Sheristadar/Chief Administrative Officer is a promotional post filled up from the Senior Administrative Assistant. However, the judgment dated 22.05.2026 of the learned Single Judge, has the effect of curtailing the right of the applicants for promotion. It is further contended that the applicants/appellants were not parties to the said proceeding to place their versions.
5. Be that as it may, as the applicants are aggrieved by the aforesaid judgment and order dated 22.05.2026, more particularly, for the reason that the determination made is projected to be adverse to the interest of the applicants and has been taken in their absence, the present Interlocutory Application stands allowed.
6. Registry to register the connected appeal and list it on 01.10.2026 under the appropriate heading.
JUDGE CHIEF JUSTICE Comparing Assistant