Gauhati High Court
Page No.# 1/4 vs V.K.Pipersenia And 5 Ors on 2 February, 2022
Page No.# 1/4
GAHC010244542017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/603/2017
SIRAJ UDDIN and 3 ORS.
S/O- LT TAHIR ALI VILL- BATAIYA P.O. MULLAGANJ BAZAR, DIST-
KARIMGANJ, ASSAM
2: SRI BISWAJIT ROY
S/O- LT BIRENDRA NAMASUDRA
VILL- BAGHAN
P.O.-KARNAMADHU
DIST- KARIMGANJ
ASSAM
3: SRI ASIT KANTI DEV
S/O- LT JYOTIRMOY DEV WARD NO.2
P.O. SETTLEMENT ROAD
DIST- KARIMGANJ
ASSAM
4: SRI SAMIR KUMAR KURI
S/O- LT SUNIL CHANDRA KURI VILL- CHARAKURI P.O. AND DIST-
KARIMGANJ
ASSA
VERSUS
V.K.PIPERSENIA and 5 ORS.
IAS, THE STATE OF ASSAM, REPRESENTED BY THE CHIEF SECRETARY TO
THE GOVT. OF ASSAM, DISPUR, GHY-6
2:MR. RAJESH PRASAD
IAS
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE REGISTRATION DEPTT.
DISPUR
GHY-6
Page No.# 2/4
3:MR. MONOJ KUMAR
IAS
THE INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GHY-32
4:SHRI JISHNU BARUA
IAS
THE CHIEF SECRETARY TO THE GOVT OF ASSAM
DISPUR
GUWAHATI-6
5:AVINASH JOSHI
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE(REGISTRATION) DEPARTMENT
DISPUR
GUWAHATI-6
6:SHRI GYANENDRA DEV TRIPATHI
IAS
THE INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GUWAHATI-3
Advocate for the Petitioner : MS.M BARMAN
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 02.02.2022
Heard Mr. M. Dutta, learned counsel for the petitioners. Also heard Mr. R.
Borpujari, learned counsel appearing for the respondent nos.2 and 3.
Pursuant to order dated 21.01.2022, the learned counsel for the
Page No.# 3/4
petitioners has submitted that the judgment and order dated 09.11.2016 passed
in WP(C) 3109/2014 had attained finality and that no appeal has been preferred
against the aforesaid judgment. Hence, this Co-ordinate Bench ought not to
take a view that the said judgment of this Court is not compliable. It is
submitted that if such a view is taken, it would amount to this Co-ordinate
Bench sitting in appeal over the aforesaid judgment and order dated
09.11.2016, which has attained finality.
In support of the contention that the aforesaid judgment is not
compliable, the learned counsel for the respondent nos.2 and 3 has placed
reliance in the case of Union of India & Ors. Vs. All India Trade Union Congress
& Ors., (2019) 5 SCC 773 (paragraph 15) and it is submitted that whether rule is
required to amend or whether policy decision should be taken to promote extra
writers to bhe next higher post to be created is within the exclusive domain of
the Executive.
In this regard, the Court is of the considered opinion that being a Co-
ordinate Bench of the equal strength, it would not be in the interest of judicial
decorum to take a contrary view than what has been opined in the hereinbefore
referred judgment and order dated 09.11.2016 passed in WP(C) 3109/2014 as
the respondent authorities in the said writ petition have allowed the said order
to attain finality and no appeal has been preferred against the said judgment
and order.
Accordingly, accepting the submissions made by the learned counsel for
the petitioners, the Court is of the considered opinion that whether Writ Court
can compel the Government to carry out amendment in the Rules so as to
create promotional avenues for a particular category of employees is not
required to be answered by this Co-ordinate Bench of equal strength.
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Accordingly, let a notice returnable on 16.03.2022 be issued on the newly
impleaded respondent nos.4, 5 and 6.
The petitioners shall take steps within 2 (two) days for service of notice
on the newly impleaded respondent nos.4, 5 and 6 by registered post with A/D.
List on 16.03.2022.
JUDGE
Comparing Assistant
