Ramani Kakati vs The State Of Assam And Anr
2025 Latest Caselaw 1466 Gua

Gauhati High Court

Ramani Kakati vs The State Of Assam And Anr on 25 July, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

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GAHC010147752025




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                           THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WA/228/2025

            RAMANI KAKATI
            S/O LATE KHAGENDRA NATH KAKATI,
            R/O LICHUBAGAN, HENGRABARI, P.O. HENGRABARI,
            P.S. DISPUR, GUWAHATI 36, KAMRUP(M), ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
            ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPTT.,
            DISPUR, GUWAHATI 06, DIST. KAMRUP (M), ASSAM.

            2:THE DIRECTOR, DAIRY DEVELOPMENT ASSAM
             KHANAPARA GUWAHATI 22 DIST. KAMRUP (M) ASSAM

For the Appellant(s)    : Mr. J.I. Borbhuiya, Advocate.
For the Respondent(s)   : Ms. S. Sarma, Government Advocate, Assam

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

25.07.2025 (Ashutosh Kumar, CJ)

We have heard Mr. J.I. Borbhuiya, learned Advocate for the appellant, who has questioned the judgment dated 10.06.2025 passed by a learned Single Judge of this Court in WP(C) No.7535/2022.

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The appellant was regularized in service vide an order dated 30.09.2005 but it was only against a personal/supernumerary post held by him during his tenure as a Muster Roll Worker since 1980. After his regularization, a provisional gradation list was published sometimes in the year 2019 in which his name had figured at serial No.2. That was only a provisional list but in the final gradation list published on 29.07.2022, the name of the appellant did not find mention.

Under the orders of this Court passed in WP(C) No.5910/2022, a representation was given by the appellant before the authorities of the Directorate for rectifying the gradation list but the same was rejected on the ground that the appellant was never encadred in the service.

In fact, it was argued on behalf of the respondent before the Writ Court that after the regularization of the service of the appellant herein, the supernumerary post, which he had held prior to regularization was abolished. Thus, for all purposes, he was treated as an ex-cadre employee and thereafter, there was no decision of the authorities for encadring his services.

True it is that the appellant was drawing a higher Grade Pay than many others in the gradation list but that would not make his demand acceptable for being part of the gradation list of the cadre of Grade-IV service in the Directorate.

The learned Single Judge, while dealing with the issue, relied upon 2(two) Division Bench judgments of this Court, namely, Dilip Talukdar & 21 Ors. -Vs- State of Assam & Ors ., 2017 (2) GLT 135 and Kuladhar Talukdar & Ors. -Vs- State of Assam & Ors. , 2021 0 Supreme (Gau) 94, wherein it has been held that the regularization of a Grade-IV worker against a personal post would not ensure his entry in the encadred post, which is the Page No.# 3/3

feeder cadre for any higher cadre post.

Consequently, the Writ Court dismissed the request of the appellant.

Mr. Borbhuiya, learned Advocate has, however, submitted that very recently, in a case of this kind, a Division Bench of this Court took note of the fact, though based only on the submissions made on behalf of the parties, that several such persons were promoted to higher posts even though they were regularized on supernumerary posts and directed that since the Government is considering the cases of such persons, the appellant therein could await the decision of the Government, who in turn, was directed to pass an order without being influenced by the orders passed by this Court in several of the writ petitions.

Let notice be issued to the respondents.

The notice to respondents is accepted by Ms. S. Sarma, learned Government Advocate, Assam.

Let the response affidavit be filed confirming such statement of Mr. Borbhuiya that the Government has taken a decision in the case of similarly situated persons of encadering them and putting them in the gradation list.

The affidavit must be filed on or before the next date. Re-notify on 20.08.2025.

                      JUDGE                                CHIEF JUSTICE




Comparing Assistant