SMT CHANDA CHAKRABORTY AND 14 ORS v. THE STATE OF ASSAM AND ANR
WP(C)/787/2026 · 2026-02-19
Kaushik Goswami
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 3475 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 3475 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/7 GAHC010282852025
2026:GAU-AS:2583
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/787/2026 SMT CHANDA CHAKRABORTY AND 14 ORS W/O NIKHIL CHAKRABORTY, R/O THANA ROAD, KARIMGANJ, PIN 788710, DIST. SRIBHUMI, ASSAM. 2: SMT. SEBIKA KANOO W/O AJOY KR. KANOO R/O VILL. CHARGOLA T.E.
P.O. LILA CHEELA PIN 788734 DIST. SRIBHUMI ASSAM. 3: SAYARUN NESSA KHANAM D/O MUFIZ ALI KHAN R/O VILL TAKIPUR P.O. KAYASTHA GRAM PIN 788719 DIST. SRIBHUMI ASSAM. 4: SMTI MADHURI KAR W/O SRI SUJOY KAR R/O VILL. KARNAMADHU P.O. KARNAMADHU PIN 788712 DIST. SRIBHUMI ASSAM. 5: SAHANARA BEGUM W/O FOGLUR RAHMAN
Page No.# 2/7 R/O VILL. BUNDASIL P.O. BADARPUR PIN 788806 DIST. SRIBHUMI ASSAM. 6: SMT. JHUMA DAS W/O DEBOBRATA DAS R/O LAXMI BAZAR WARD NO 6 BK 1 PIN 788710 DIST. SRIBHUMI ASSAM. 7: MONWARA BEGUM W/O MD. ABDUL HAQUE TALUKDAR R/O VILL. EAST TONGIBARI P.O RATABARI P.S. RATABARI PIN 788735 DIST. SRIBHUMI ASSAM. 8: SMT UMA DAS W/O SRI NANDAN KUMAR DAS R/O VILL. GHORAMARA P.O. CHAITANYA NAGAR P.S. BADARPUR PIN 788720 DIST. SRIBHUMI ASSAM. 9: SUREHA BEGUM W/O SALIK AHMED KHAN R/O VILL KANAKALASH PO. BHANGA BAZAR P.S. BADARPUR DIST. SRIBHUMI ASSAM. 10: SMTI UJJALA DEY D/O BRAJENDRA DEY R/O VILL. SINGIMARI
Page No.# 3/7 P.O. SINGIMARI PIN 782125 DIST .NAGAON ASSAM. 11: SMT. TRISHNA CHAKRABORTY W/O PRASANNA MUKHARJEE R/O WARD NO. 2 M.C. ROAD P.O. BIJNI PIN 783390 DIST. CHIRANG ASSAM. 12: RUNIA KHANDAKAR W/O MD. SHAHJAHAN ALI R/O VILL. GORAMARI P.O. GOREMAR P.S. BARPETA PIN 781314 DIST. BARPETA ASSAM. 13: RUBIA KHATUN D/O AZAHAR ALI R/O KALGACHIA P.O. AND P.S. KALGACHIA PIN 781319 DIST. BARPETA ASSAM. 14: SMT. SUFIA KHATUN W/O ABDUL KALAM AZAD R/O VILL. SUKMANAH P.O. SUKMANAH PIN 781316 DIST. BARPETA ASSAM. 15: SMT. DIPTI REKHA DAS W/O KAMAL LOCHAN PATOWARY R/O VILL. SUNDARIDIA P.O. SUNDARIDIA PIN 781314 DIST. BARPETA ASSAM
Page No.# 4/7 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GUWAHATI 6, KAMRUP (M), ASSAM. 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM GUWAHATI 781 KAMRUP M ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 20.02.2026 Heard Mr. S. Borthakur, learned counsel appearing for the petitioners. Also heard Mr.
D. Bora, learned Government Advocate appearing for the State respondent. 2. By filing the instant petition under Article 226 of the Constitution of India, the petitioners are seeking past retrospective benefits with effect from 06.02.2016 as Supervisor of the Social Welfare Department, Assam. 3. The case of the petitioners is that the petitioners were initially appointed as Supervisors on 06.02.2016 and subsequently, they have been regularized, however, benefits of regular appointments were not given to them from the initial date of their appointment. Page No.# 5/7
4. It is submitted at the bar that similar issues have already been decided by this Court in WP(C) No. 7215/2018 and WP(C) No. 6798/2024 by judgment & order dated 20.06.2022 and 16.06.2025 respectively. The relevant portion of the judgment & order dated 20.06.2022 in WP(C) No. 7215/2018 reads as under:
“19. As would appear from the affidavit-in-opposition that finally vide orders dated 16.08.2021 (or of nearby dates) the petitioners have been given the benefit of a regular appointment, this Court is of the opinion that such benefits are to be given retrospective effect from the date of their initial appointment made on 06.02.2016. Such retrospective effect would also include the balance of the monthly salaries which is to be calculated in terms of scale which the petitioners would have been otherwise paid and the arrears be released to them accordingly. All other benefits including fitment in the appropriate scale of pay, seniority etc. are also directed to be given to the petitioners. The aforesaid direction is given in view of the fact that there is no dispute with regard to the nature of the service discharged by the petitioners as Supervisors and are part of the same cadre of Supervisors which also includes regular appointee in the rest 75 % of the vacancies. 20. The writ petition accordingly stands allowed. The directions contained in the preceding paragraphs are to be complied with within a period of 60 days from today.”
5. Mr.
D. Bora, learned Government Advocate appearing for the State respondent upon instructions from the office of the Director of Women and Child Development, Assam vide communication dated 19.02.2026, submits that the direction passed by this Court in WP(C) No. 7215/2018 and WP(C) No. 6798/2024 is squarely applicable to the
Page No.# 6/7 context of the present case. 6. Considering that this Court has already granted such benefit with retrospective effect, which the learned counsel for the respondent fairly submits that such benefit also be extended to the petitioners, this Court, in the interest of justice, deems it appropriate to dispose of the writ petition by directing that since the petitioners have been given the benefit of regular appointment, such benefits are to be given retrospective effect from the date of their initial appointment made on
06.02.2016. Such retrospective effect would also include the balance of the monthly salaries, which is to be calculated in terms of the scale which the petitioners would have been otherwise paid and the arrears would be released to them accordingly. All other benefits including fitment in the appropriate scale of pay, seniority etc., are also directed to be given to the petitioners. Ordered accordingly. 7. The aforesaid directions are given in view of the fact that there is no dispute with regard to the nature of service discharged by the petitioners as supervisors and are part of the same cadre of supervisors, which also includes regular appointees in the rest 75% of the vacancies. 8. Accordingly, the writ petition stands allowed and disposed of. 9. The directions contained in the preceding paragraphs are to be complied within a period of 60 (sixty) days from today. 10. No order as to cost. Page No.# 7/7
11. A copy of the communication dated 19.02.2026 is kept on record and marked as “X”. JUDGE Comparing Assistant