Gauhati High Court
Page No.# 1/4 vs The Gauhati High Court And 2 Ors on 25 July, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010159782025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4043/2025
SMTI BIDISHA TALUKDAR AND 3 ORS
D/O AMARENDRA TALUKDAR,
R/O AMULAPATTY
P.S. AND DIST. SIVASAGAR, ASSAM.
2: SRI CHANDAN DUTTA
S/O LATE DIMBESWAR DUTTA
R/O NAMTI KUKURACHUWA
P.S. NAMTI
DIST. SIVASAGAR
ASSAM.
3: SRI PRADIP CHUTIA
S/O LATE BIDYADHAR CHUTIA
R/O BANMUKH DEHINGIA GAON
P.S. AND DIST. SIVASAGAR
ASSAM
4: AZMAN ALI
S/O ARMAN ALI
R/O VILL- AND P.O. SANIADI
P.S. HAJO
DIST. KAMRUP (R)
ASSAM
VERSUS
THE GAUHATI HIGH COURT AND 2 ORS
REPRESENTED BY THE REGISTRAR GENERAL, GAUHATI HIGH COURT,
GAUHATI, ASSAM, PIN-781001.
2:THE DISTRICT AND SESSIONS JUDGE
Page No.# 2/4
SIVASAGAR
DIST. SIVASAGAR
ASSAM
PIN-785640.
3:THE CHIEF JUDICIAL MAGISTRATE
SIVASAGAR
DIST. SIVASAGAR
ASSAM
PIN-785640
For the Petitioner(s) : Mr. D. Das, Sr. Advocate
: Mr. K. Mohammed, Advocate
: Ms. S. Sharma, Advocate
For the Respondent(s) : Mr. T. J. Mahanta, Sr. Advocate, SC GHC
: Ms. P. Sarma, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 25.07.2025
Issue notice making it returnable by 21.08.2025.
2. Mr. T. J. Mahanta, the learned Standing counsel as well as Senior
Advocate appears on behalf of the respondent Nos.1, 2 & 3.
3. Ms. P. Sarma, the learned counsel assisting Mr. T. J. Mahanta, the
learned Standing counsel accepts notice on behalf of the respondent
Nos.1, 2 & 3.
4. As the respondent Nos. 1, 2 & 3 are duly represented, extra copies
of the writ petition be served upon them during the course of the day.
5. The case of the petitioners herein is that on 10.02.2025, an
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advertisement was issued by the Office of the Chief Judicial Magistrate,
Sivasagar for filing up 5 (five) posts of Office Peon. The petitioners
participated in the said advertisement and were selected. The petitioners
thereupon were appointed on 10.04.2025. It is pertinent to take note of
that the advertisement which was issued on 10.02.2025 was in respect of
5 (five) posts out of which 3 (three) posts were on account of vacancies
which arose due to promotion and two posts were existing vacant posts.
6. It is apposite to take note of that the vacancy in respect of 3 (three)
posts which arose on account of promotion, the promotional order was
set aside by this Court vide a judgment and order dated 24.04.2025
passed in WP(C) No.5851/2024 and therefore those persons who were
promoted were reverted back to their original post. Under such
circumstances, the Chief Judicial Magistrate, Sivasagar passed an order
on 20.05.2025 whereby the promotion made to the five persons vide an
order dated 10.04.2025 which included the four petitioners herein was
kept in abeyance.
7. The grievance of the petitioners herein is that pursuant to the
judgment and order passed by this Court on 24.04.2025 in WP(C)
No.5851/2024, the Office of the Chief Judicial Magistrate, Sivasagar have
already promoted the Peons to the post of Judicial Assistant and thereby
the vacant posts against which the petitioners were appointed have again
arisen. It is the case of the petitioners that the said order dated
20.05.2025 by which the appointment of the petitioners was kept in
abeyance ought to have been modified and the petitioners should have
been allowed to join the post. Rather, the Chief Judicial Magistrate,
Sivasagar have passed an order on 25.06.2025 intending to go for fresh
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selection against all the five posts.
8. Mr. D. Das, the learned Senior counsel appearing on behalf of the
petitioners submitted that the order dated 25.06.2025 be stayed and
there should be a direction that the petitioners be allowed to work
pending disposal of the writ petition. This Court is of the opinion that the
interim order as sought for, would amount to passing the final orders in
the instant writ proceedings at the interim stage which would go against
the well settled principles of law. Under such circumstances, this Court is
not inclined to stay the impugned order dated 25.06.2025 as well as
issue any directions allowing the petitioners to perform their duties on
the basis of order of appointment dated 10.04.2025.
9. On the other hand, this Court directs the respondents herein to file
their affidavit by 18.08.2025 with advance copy to the counsels of the
petitioners so that an attempt can be made to dispose of the writ petition
on the next date so fixed herein above.
10. It is further observed that the Office of the Chief Judicial Magistrate,
Sivasagar shall before initiating any proceedings on the basis of the order
dated 25.06.2025 bear in mind that this Court is presently adjudicating
the order dated 25.06.2025.
11. List accordingly.
JUDGE
Comparing Assistant
